This End-User License Agreement is an agreement between you and BenQ Corporation and its affiliates ("BenQ”) and apply to software developed by or solely for BenQ (“Software”) to use in connection with the product you purchased from BenQ (“Product”).
Your license to the Software is subject to your prior acceptance of these license terms. Please read the following terms carefully.
Each individual Software and/or Product may have additional terms of license (“Special Terms”) as set forth on the specific product page, manual, or your transaction documents. The Special Terms shall constitute and be read as an integral part of EULA. In case of any inconsistency between the Special Terms and the provisions contained herein, the Special Terms shall control and prevail.
BY DOWLOADING, INSTALLING OR USING THE SOFTWARE, YOU ACCEPT THESE TERMS. If you do not agree to any terms herein, please do not download, install or use the Software.
BenQ grants to you a personal, non-exclusive, non-transferable, non-distributable, non-assignable, non-sublicensable license to download, install and use the Software on a Product in accordance with these license terms.
BenQ or a third-party licensor, as applicable, reserves all rights (including copyrights and all other intellectual property rights) in and to the Software not expressly granted to you under these license terms.
The Software is licensed, not sold. You may not by yourself, authorize or permit any third party to:
a. use the Software for any purpose other than in connection with the Product or in a manner inconsistent with the
documentations of the Software
b. license, distribute, lease, rent, transfer, assign, sell, or otherwise dispose of the Software
c. reverse engineer, decompile, disassemble or attempt to discover the source code for or any trade secrets related to the
Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this
limitation
d. copy, adapt, modify, alter, translate or create any derivative works of the Software
e. remove, alter or obscure any copyright notice and other rights notice on the Software or Product; or
f. circumvent or attempt to circumvent any methods employed by BenQ to control access to the components, features or
functions of the Product or Software.
The Software may contain open source components licensed to BenQ pursuant to the license terms specified as below (“Open Source License”),
In the event that these license terms conflicts with the requirements of the above one or more Open Source License with respect to the use of the corresponding open source components, You agree to be bound by such one or more Open Source License. You further agree that BenQ is not responsible for any open source components.
BenQ or third parties commissioned by BenQ may provide technical support at their own discretion, without any guarantees or declarations. You will be required to back up all existing data, software and program facilities prior to the provision of technical support. BenQ and/or third parties commissioned by BenQ accept no liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support. BenQ and/or third parties commissioned by BenQ reserve the right to decide that resolving the problem is beyond the scope of technical support, and the right to refuse, suspend or terminate the provision of technical support at its own discretion. No technical support will be provided after the Software or any of its features reaches the end of life date determined by BenQ.
BenQ MAKES NO WARRANTY AND REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PROGRAMS, APPLICATIONS, UPDATES, PRODUCTS, SERVICES AND RELATED DATA CONTAINED WITHIN OR IN CONNECTION WITH THE SOFTWARE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PROGRAM, APPLICATIONS, UPDATES, PRODUCTS, SERVICES AND RELATED DATA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BenQ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PROGRAM, APPLICATIONS, UPDATES, PRODUCTS, SERVICES AND RELATED DATA INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, LEGAL STATUS, AND NON-INFRINGEMENT. IN NO EVENT SHALL BENQ BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE SOFTWARE OR WITH THE DELAY OR INABILITY TO USE THE SOFTWARE, OR THE PRODUCT WITH WHICH THE SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BenQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to strictly comply with all applicable export and re-export regulations and you will not violate any applicable laws, including but not limited to directly or indirectly, sell, export, re-export, license, transmit, transfer or otherwise make available the Product or Software, any relevant information or technology to any person, or use it in any manner in violation of any export controls, or sanctions, or the like imposed by the United Nation, the U.S., and the European Union.
BenQ may, in addition to any other remedies available to BenQ, terminate these license terms and relevant services immediately if you breaches any of its obligations under these license terms.
a. These license terms constitutes the entire agreement between BenQ and you concerning the subject matter hereof, and
it may only be modified by a written amendment signed by an authorized executive of BenQ.
b. Except to the extent otherwise provided under applicable law, these license terms will be governed by the law of the
Republic of China, excluding its conflict of law provisions and excluding the United Nations Convention on the
International Sale of Goods . For any disputes arising out of, or relating to, this contract, the Taiwan Shilin District Court
shall be the exclusive court of jurisdiction for the first instance.
c. If any part of these license terms is held invalid or unenforceable, and the remaining portions will remain in full force and
effect.
d. A waiver by either party of any term or condition of these license terms or any breach thereof, in any one instance, will
not waive such term or condition or any subsequent breach thereof.
e. BenQ may assign its rights under these license terms without condition.
f. These license terms will be binding upon and will inure to the benefit of the parties, their successors and permitted
assigns.
g. If any personal data is required and processed for the purpose of this EULA, such processing will be made in compliance
with our Privacy Policy.
