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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:
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
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.
Privacy policy
During registration you will be asked to submit some information to Acer. Please refer to Acer’s privacy policy at
www.acer.com/worldwide/support/swa.htm or your local Acer website.
Music recognition technology and related data are provided by Gracenote
®
. 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 the XT9 logo are registered trademarks of Nuance Communications, Inc. or its
subsidiaries in the United States of America and/or other countries.