Acer TMDMA500 User Manual - Page 5

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End User License Agreement

IMPORTANT - READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN

YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), AND ACER INC. INCLUDING ITS SUBSIDIARIES ("ACER") FOR THE

SOFTWARE (WHETHER PROVIDED BY ACER OR BY ACER'S LICENSORS OR SUPPLIERS) THAT ACCOMPANIES THIS

AGREEMENT, INCLUDING ANY ASSOCIATED MEDIA, PRINTED MATERIALS AND RELATED USER ELECTRONIC

DOCUMENTATION WHICH MAY BE BRANDED "ACER" ("SOFTWARE"). AGREEMENTS RELATING TO ANY OTHER PRODUCT

OR TOPIC ARE NEITHER INTENDED NOR SHOULD THEY BE IMPLIED. BY INSTALLING THE ACCOMPANYING SOFTWARE OR

ANY PORTION THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO

NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CONTINUE THE INSTALLATION

PROCESS AND IMMEDIATELY DELETE ALL INSTALLED FILES, IF ANY, OF THE ACCOMPANYING SOFTWARE FROM YOUR

PHONE.

IF YOU DO NOT HAVE A VALIDLY-LICENSED COPY OF THE APPLICABLE SOFTWARE, YOU ARE NOT AUTHORIZED TO

INSTALL, COPY OR OTHERWISE USE THE SOFTWARE, AND HAVE NO RIGHTS UNDER THIS AGREEMENT.

The Software is protected by U.S. and international copyright laws and conventions as well as other intellectual property

laws and treaties. The Software is licensed, not sold.

GRANT OF LICENSE

Acer grants to you the following non-exclusive and non-transferable rights with respect to the Software. Under this

Agreement, you may:

Install and use the Software only on a single designated phone. A separate license is required for each phone on

which the Software will be used;

Make one copy of the Software solely for backup or archival purposes;

Make one hardcopy of any electronic documents included in the Software, provided that you receive the

documents electronically.

RESTRICTIONS

You may NOT:

Use or copy the Software except as provided in this Agreement;

Rent or lease the Software to any third party;

Modify, adapt, or translate the Software in whole or in part;

Reverse engineer, decompile, or disassemble the Software or create derivative works based upon the Software;

Merge the Software with any other program or modify the Software, except for your personal use; and

Sublicense or otherwise make the Software available to third parties, except that you may, after prior written

notification to Acer, transfer the Software as a whole to a third party so long as you do not retain any copies of the

Software and such third party accepts the terms of this Agreement.

Transfer your rights under this Agreement to any third parties.

Export the Software in contravention of applicable export laws and regulations, or (i) sell, export, re-export,

transfer, divert, disclose technical data, or dispose of, any Software to any prohibited person, entity, or destination

including, without limitation, Cuba, Iran, North Korea, Sudan and Syria; or (ii) use any Software for any use

prohibited by the laws or regulations of the United States.

SUPPORT SERVICES

Acer is not obligated to provide technical or other support for the Software.

ACER LIVE UPDATE

Certain of the software contains elements that enable the use of the Acer Live Update service, which allows for updates

for such software to be automatically downloaded and installed on your phone. By installing the software, you hereby

agree and consent that Acer (or its licensors) may automatically check the version of such software that you are using on

your phone and may provide upgrades to such software that may be automatically downloaded on to your phone.

OWNERSHIP AND COPYRIGHT

Title, ownership rights and intellectual property rights in and to the Software and all copies thereof shall remain with Acer

or Acer's licensors or suppliers (as applicable). You do not have or shall not gain any proprietary interest in the Software

(including any modifications or copies made by or for you) or any related intellectual property rights. Title and related

rights in the content accessed through the Software is the property of the applicable content owner and may be protected

by applicable law. This license gives you no rights to such contents. You hereby agree

Not to remove any copyright or other proprietary notices from the Software;

To reproduce all such notices on any authorized copies you make; and

To use best efforts to prevent any unauthorized copying of the Software.

TRADEMARKS

This Agreement does not grant to you any rights in connection with any trademarks or service marks of Acer or of Acer's

licensors or suppliers.

DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACER, ITS SUPPLIERS, AND ITS LICENSORS, PROVIDE THE

SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER

EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR

CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF

RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH

REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO