End User Standard License Agreement.
THIS AGREEMENT APPLIES WHEN A SPECIFIC SOFTWARE MANUFACTURER LICENSE AGREEMENT DOESN'T APPLY. IF THIS IS NOT THE CASE, THE SPECIFIC SOFTWARE PRODUCER LICENSE APPLIES.
NOTE FOR THE END USER: READ CAREFULLY THE FOLLOWING LEGAL CONTRACT. THE USAGE OF SOFTWARE PROGRAMS PROVIDED WITH YOUR ACER COMPUTER OR OTHER SOFTWARE PRODUCTS
CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS, (UNLESS OTHER TERMS ARE PROVIDED BY THE SOFTWARE MANUFACTURER, AND, IF THIS IS THE CASE, THE LATTER WILL BE CONSIDERED VALID).IF THE TERMS CONTAINED IN THIS AGREEMENT ARE NOT ACCEPTED, YOU MUST RETURN THE SEALED SOFTWARE PACKAGE TO ITS SUPPLIER.
1 • License accordance. The manufacturer of each software product (the "software producer") authorizes a personal, not subject to transfer, and non exclusive use of one copy of the software package provided with this license. The buyer agrees to copy the Software product only on one system, only at one site, and only for purposes connected to its use. The buyer agrees not to copy the paper documents provided with the software. Modifying, translating, renting, copying, transferring or assigning the whole software product or one of its parts, or the rights provided with this act, to anyone, and removing the software owner notes, labels, marks or trademarks, is strictly forbidden. The user agrees not to create any derived software based in any way on the software product.
2 • Copyright. The user agrees that no rights of the software intellectual property are transferred to the user. The user agrees that the copyright, the right, and the software ownership are of exclusive ownership of the software producer, and the user is not buying any right upon the software, excluded what it has already been stated. All the software copies will contain the same notes of ownership contained in the original copies.
3 • Reverse Engineering. The user agrees not to, or if user is a company, they agree to do their best to try to dissuade their employees or contractors to compile, patch, modify, or split the Software or one of its components. The lack of compliance with the above mentioned terms and conditions, or with the terms and conditions contained in this document, will automatically invalidate the rights given with this document by the software producer.
4 • Indemnity to Customers. The software producer takes full responsibility of Software products, and the only indemnity to customers will be, at total discretion of the software producer, (a) trying to correct the errors believed to cause the problem, (b) substituting the software product with another product, equivalent from a functional point of view (c) paying back only the purchase price, after all the software copies and accompanying material have been given back to the producer.
5 • Non Responsibility for Indirect Damage. THE SOFTARE PRODUCER OR ACER CANNOT BE HELD RESPONSABLE FOR INDIRECT, SPECIAL, OR ACCIDENTAL DAMAGE DERIVING FROM THE USAGE OF THE SOFTWARE PRODUCT, INCLUDING WHEN THE DAMAGE HAD BEEN ANTICIPATED AND COMMUNICATED.
Some jurisdictions do not allow limitations to the implicit warranty durations, or excluding or limiting accidental or indirect damage, therefore these limitations or exclusions may not be applicable. This limited warranty offers special rights to the user, who may benefit of other rights given by the jurisdictions the user belongs to.
6 • Limited Rights. If the Software is licensed to a United States Government organization, it is accepted that the Software has been designed and produced for commercial purposes, that, together with the accompanying material, is subject to the limitations in use for the use, the duplication, and the divulgation by the United States Government, expressed in the clause for the rights related to technical data and computer programs, in DFARS
7 • Others. It is agreed not to export or
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