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