Acer Liquid M220 Kullanıcı Kılavuzu - Sayfa 46

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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,

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.

EXCLUSIONS

AND

DISCLAIMERS

(INCLUDING

DISCLAIMER