54 - End user license agreement
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:
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 devices 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
