Acer TMDMA500 User Manual - Page 6

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WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR

NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACER, ACER'S SUPPLIERS, OR ACER'S

LICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES

WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER

INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY

DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR

OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE

SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION

WITH ANY 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:

Cease all use of the Software;

Destroy or return to Acer the original and all copies of the Software; and

Delete the Software from all phones 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.

During registration you will be asked to submit some information to Acer. Please refer to Acer's privacy policy at http://

www.acer.com or your local Acer website.

Music recognition technology and related data are provided by Gracenote

Gracenote logo and logotype, and the "Powered by Gracenote" logo are either a

registered trademark or a trademark of Gracenote, Inc. in the United States and/or other

countries.

XT9 and XT9 logo are registered trademarks of Nuance Communications, Inc. or its

subsidiaries in the United States of America and/or other countries.

. Gracenote