Benq-siemens M81 User Manual Page 144

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143License Agreement
right page (143) of EF81 FUG en, A31008-H2640-A1-3-7619 (27.04.2006, 13:51)
© Siemens AG 2003, \\Itl.eu\cottbus\Projekte_30\BenQ_Mobile\EF81_KESTREL_1\out-
Template: X75, Version 2.2;VAR Language: en; VAR issue date: 060317
(d) You may not reverse engineer, decom-
pile, modify, or disassemble those Licensed
Software programs except and only to the
extent that such activity is expressly permit-
ted by applicable law notwithstanding this
limitation.
Parts of the Licensed Software may be sup-
plied by third parties and may be subject to
separate license terms. Such terms are set
out within the documentation.
5. MISUSE OF THE LICENSED SOFT-
WARE OR DATA GENERATED BY THE LI-
CENSED SOFTWARE IS STRICTLY
PROHIBITED BY BENQ, MAY VIOLATE
GERMAN, U.S. AND OTHER LAWS AND
MAY SUBJECT YOU TO SUBSTANTIAL LI-
ABILITY. You are solely responsible for any
misuse of the Licensed Software under this
Agreement and for any liability or damage
related in any way to your use of the Li-
censed Software in violation of this Agree-
ment. You are also responsible for using the
Licensed Software in accordance with the
limitations of this Agreement.
6. TERMINATION. This Agreement is ef-
fective from the first date You install, copy or
otherwise use the Licensed Software. You
may terminate this license at any time by de-
leting or destroying the Licensed Software,
all back up copies and all related materials
provided to You by BenQ. Your license
rights terminate automatically and immedi-
ately without notice if You fail to comply with
any provision of this Agreement. The rights
and obligations under sections 2, 5, 6, 7, 9,
12 and 13 of this Agreement shall survive
the termination of this Agreement.
7. YOU ACKNOWLEDGE THE LI-
CENSED SOFTWARE IS PROVIDED
"AS IS" AND NEITHER BENQ NOR ANY
OF ITS LICENSORS MAKE ANY REPRE-
SENTATIONS OR WARRANTIES, EX-
PRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR THAT THE
LICENSED SOFTWARE WILL NOT IN-
FRINGE ANY THIRD PARTY PATENTS,
COPYRIGHTS, TRADEMARKS OR OTH-
ER RIGHTS. THERE IS NO WARRANTY
BY BENQ OR ITS LICENSORS OR BY ANY
OTHER PARTY THAT THE FUNCTIONS
CONTAINED IN THE LICENSED SOFT-
WARE WILL MEET YOUR REQUIRE-
MENTS OR THAT THE OPERATION OF
THE LICENSED SOFTWARE WILL BE UN-
INTERRUPTED OR ERROR-FREE AND
BENQ AND ITS LICENSORS HEREBY DIS-
CLAIM ANY AND ALL LIABILITY ON AC-
COUNT THEREOF. NO ORAL OR
WRITTEN INFORMATION OR ADVICE
GIVEN BY A BENQ REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY
WAY AFFECT THIS DISCLAIMER. YOU
ASSUME ALL RESPONSIBILITY TO
ACHIEVE YOUR INTENDED RESULTS
AND FOR THE INSTALLATION, USE, AND
RESULTS OBTAINED FROM IT.
8. NO OTHER OBLIGATIONS. This
Agreement creates no obligations on the
part of BenQ other than as specifically set
forth herein.
9. LIMITATION OF LIABILITY. IN NO
EVENT SHALL BENQ, ITS EMPLOYEES,
LICENSORS, AFFILIATES OR AGENTS BE
LIABLE FOR ANY DIRECT DAMAGES,
LOST PROFITS, DATA OR BUSINESS, OR
COSTS OF PROCUREMENT OF SUBSTI-
TUTE GOODS OR SERVICES, PROPER-
TY DAMAGE, INTERRUPTION OF
BUSINESS OR FOR ANY SPECIAL, INDI-
RECT, INCIDENTAL, EXEMPLARY, ECO-
NOMIC, PUNITIVE OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED, AND
WHETHER ARISING UNDER CONTRACT,
TORT, NEGLIGENCE, OR OTHER THEO-
RY OF LIABILITY, OR ARISING OUT OF
THE USE OF OR INABILITY TO USE THE
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