Acer Iconia B1 User Manual
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End user license agreement - 51 Cuba, Iran, North Korea, Sudan and Syria; or (ii) use any Software for any use prohibited by the laws or regulations of the United States. SUPPORT SERVICES Acer is not obligated to provide technical or other support for the Software. ACER LIVE UPDATE Certain software contains elements that enable the use of the Acer Live Update service, which allows for updates for such software to be automatically downloaded and installed on your device. By installing the software, you hereby agree and consent that Acer (or its licensors) may automatically check the version of such software that you are using on your device and may provide upgrades to such software that may be automatically downloaded on to your device. OWNERSHIP AND COPYRIGHT Title, ownership rights and intellectual property rights in and to the Software and all copies thereof shall remain with Acer or Acers licensors or suppliers (as applicable). You do not have or shall not gain any proprietary interest in the Software (including any modifications or copies made by or for you) or any related intellectual property rights. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such contents. You hereby agree: 1. Not to remove any copyright or other proprietary notices from the Software; 2. To reproduce all such notices on any authorized copies you make; and 3. To use best efforts to prevent any unauthorized copying of the Software. TRADEMARKS This Agreement does not grant to you any rights in connection with any trademarks or service marks of Acer or of Acers licensors or suppliers. DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACER, ITS SUPPLIERS, AND ITS LICENSORS, PROVIDE THE SOFTWARE AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO 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, ACERS SUPPLIERS, OR ACERS 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
52 - End user license agreement 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 Acers 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 Acers 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 partys use and enjoyment of the Third Party Services, or the services and
End user license agreement - 53 products of Acers 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.