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46 - End user license agreement
INTERRUPTION, FOR PERSONAL INJURY,
LIMITATION, ALL DAMAGES REFERENCED
FOR LOSS OF PRIVACY, FOR FAILURE TO
ABOVE AND ALL DIRECT OR GENERAL
MEET ANY DUTY INCLUDING OF GOOD
DAMAGES), THE ENTIRE LIABILITY OF
FAITH OR OF REASONABLE CARE, FOR
ACER, ITS SUPPLIERS, AND ITS
NEGLIGENCE, AND FOR ANY OTHER LICENSORS, UNDER ANY PROVISION OF
PECUNIARY OR OTHER LOSS THIS AGREEMENT, AND YOUR EXCLUSIVE
WHATSOEVER) ARISING OUT OF OR IN
REMEDY FOR ALL OF THE FOREGOING,
ANY WAY RELATED TO THE USE OF OR
SHALL BE LIMITED TO THE AGGREGATE
INABILITY TO USE THE SOFTWARE, THE
AMOUNT PAID BY YOU FOR THE
PROVISION OF OR FAILURE TO PROVIDE
SOFTWARE. THE FOREGOING
SUPPORT SERVICES, OR OTHERWISE LIMITATIONS, EXCLUSIONS AND
UNDER OR IN CONNECTION WITH ANY
DISCLAIMERS (INCLUDING DISCLAIMER
PROVISION OF THIS AGREEMENT, EVEN
OF WARRANTIES AND EXCLUSION OF
IN THE EVENT OF THE FAULT, TORT INCIDENTAL, CONSEQUENTIAL AND
(INCLUDING NEGLIGENCE), STRICT CERTAIN OTHER DAMAGES ABOVE)
LIABILITY, BREACH OF CONTRACT OR SHALL APPLY TO THE MAXIMUM EXTENT
BREACH OF WARRANTY OF ACER OR ITS
PERMITTED BY APPLICABLE LAW, EVEN IF
SUPPLIERS OR LICENSORS, AND EVEN IF
ANY REMEDY FAILS ITS ESSENTIAL
ACER AND ITS SUPPLIERS AND PURPOSE; PROVIDED, HOWEVER, THAT
LICENSORS HAVE BEEN ADVISED OF THE
BECAUSE SOME JURISDICTIONS DO NOT
POSSIBILITY OF SUCH DAMAGES.
ALLOW THE EXCLUSION OR LIMITATION
LIMITATION OF LIABILITY AND REMEDIES
OR LIABILITY FOR CONSEQUENTIAL OR
NOTWITHSTANDING ANY DAMAGES THAT
INCIDENTAL DAMAGES, THE ABOVE
YOU MIGHT INCUR FOR ANY REASON LIMITATION MAY NOT APPLY TO YOU.
WHATSOEVER (INCLUDING, WITHOUT
TERMINATION
Without prejudice to any other rights, Acer may
2. Destroy or return to Acer the original and
immediately terminate this Agreement without
all copies of the Software; and
notice if you fail to comply with any terms and
3. Delete the Software from all devices on
conditions of this Agreement.
which it was resident.
In such event, you must:
All disclaimers of warranties and limitation of
1. Cease all use of the Software;
liability set forth in this Agreement shall survive
termination of this Agreement.
GENERAL
This Agreement represents the complete This Agreement may only be modified by a
agreement between you and Acer relating to
written document signed by both parties. If any
this license for the Software and supersedes
provision of this Agreement is held by a court
all prior agreements, communications, of competent jurisdiction to be contrary to law
proposals and representations between the
that provision will be enforced to the maximum
parties and prevails over any conflicting or
extent permissible and the remaining
additional terms of any quote, order, provisions of this Agreement will remain in full
acknowledgement or similar communication.
force and effect.
ADDITIONAL PROVISIONS APPLICABLE TO THIRD PARTY SOFTWARE AND SERVICES
Software provided hereunder by Acer's the services provided by Acer's licensors or
licensors or suppliers ("Third Party Software")
suppliers hereunder ("Third Party Services").
is made available to you for your personal,
Furthermore, you may not use the Third Party
non-commercial use only. You may not use
Software in any manner that could interfere
the Third Party Software in any manner that
with any other party's use and enjoyment of the
could damage, disable, overburden, or impair
Third Party Services, or the services and
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