PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT:
This End-User license Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) BenQ Corporation ("BenQ") that governs your use of any Software Product, installed on or made available by BenQ for use with your BenQ product ("BenQ Product"), that is not otherwise subject to a separate license agreement between you and BenQ or its suppliers. Other software may contain a EULA in its online documentation. The term "Software Product" means computer software and may include associated media, printed materials and "online" or electronic documentation. An amendment or addendum to this EULA may accompany the BenQ Product.
RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
1. GRANT OF LICENSE. BenQ grants you the following rights provided you comply with all terms and conditions of this EULA:
- Use. You may use the Software Product on our BenQ Products (interactive flat panel (“IFP”)). You may not separate component parts of the Software Product for use on more than one IFP. You do not have the right to distribute the Software Product.
- Reservation of Rights. BenQ and its suppliers reserve all rights not expressly granted to you in this EULA.
- Freeware. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes non-proprietary BenQ software or software provided under public license by third parties ("Freeware"), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.
- Recovery Solution. Any software recovery solution provided with/for your BenQ Product, whether in the form of a hard disk drive-based solution, an external media-based recovery solution (e.g. floppy disk) or an equivalent solution delivered in any other form, may only be used for restoring the hard disk of the BenQ Product with/for which the recovery solution was originally purchased.
2. UPGRADES. To use a Software Product identified as an upgrade, you must first be licensed for the original Software Product identified by BenQ as eligible for the upgrade. After upgrading, you may no longer use the original Software Product that formed the basis for your upgrade eligibility.
3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by BenQ unless BenQ provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
- Restrictions. You may not rent, lease or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Software Product except as expressly provided in this EULA.
5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by BenQ or its suppliers and are protected by law, including but not limited to United States or European Union copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product.
6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly provided for in this EULA.
7. TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA.
8. CONSENT TO USE OF DATA. You agree that BenQ and its affiliates may collect and use technical information you provide in relation to support services related to the Software Product. BenQ agrees not to use this information in a form that personally identifies you except to the extent necessary to provide such services.
9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENQ AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety.
10. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of BenQ and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BENQ OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, 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 ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF BENQ OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your state of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
12. APPLICABLE LAW. This EULA is governed by the laws of Taiwan.
13. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the BenQ Product) is the entire agreement between you and BenQ relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any BenQ policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
The information contained herein is subject to change without notice.