Acer Projector Smart Home_End User License Agreement

End User License Agreement

IMPORTANT-READ CAREFULLY: THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A PERSON OR AN ENTITY), AND ACER INC. INCLUDING ITS SUBSIDIARIES ("ACER") FOR THE SOFTWARE (WHETHER PROVIDED BY ACER AND/OR BY ACER’S THIRD-PARTY LICENSORS OR SUPPLIERS) THAT ACCOMPANIES THIS AGREEMENT AND/OR IS INCORPORATED INTO YOUR ACER’S DISPLAY PRODUCT (THE "PRODUCT"), INCLUDING ANY ASSOCIATED MEDIA, PRINTED MATERIALS AND RELATED USER ELECTRONIC DOCUMENTATION WHICH MAY BE BRANDED “ACER”, “GATEWAY”, “PACKARD BELL”, OR “E-MACHINES”(COLLECTIVELY, THE "SOFTWARE"). AGREEMENTS RELATING TO ANY OTHER PRODUCT OR TOPIC ARE NEITHER INTENDED NOR SHOULD THEY BE IMPLIED. BY CLICKING ON THE “AGREE” OR “ENABLE” BUTTON, BY INSTALLING OR ACTIVATING THE SOFTWARE OR ANY PORTION THEREOF, OR BY USING THE PRODUCT, AS APPLICABLE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CONTINUE THE INSTALLATION OR ACTIVATION PROCESS OR THE USE OF THE PRODUCT, AND IMMEDIATELY DELETE ALL INSTALLED FILES, IF ANY, OF THE SOFTWARE FROM YOUR PRODUCT AND/OR COMPUTER SYSTEM.

IF YOU DO NOT HAVE A VALIDLY-LICENSED COPY OF THE SOFTWARE, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE, AND HAVE NO RIGHTS UNDER THIS AGREEMENT.

The Software is protected by national and international copyright laws and conventions as well as other intellectual property laws and treaties. The Software is licensed, not sold.

GRANT OF LICENSE
Acer grants to you the following non-exclusive and non-transferable rights with respect to the Software. Under this Agreement, you may:

Install and use the Software in a single designated Product, computing and/or portable device (the “Device”).A separate license is required for each Product or Device on which the Software will be used;
Make one copy of the Software solely for backup or archival purposes; and
Make one hardcopy of any electronic documents included in the Software, provided that you receive the documents electronically.

RESTRICTIONS:
You shall NOT:

Use or copy the Software except as provided in this Agreement;
Rent or lease the Software to any third party;
Modify, adapt, or translate the Software in whole or in part;
Reverse engineer, decompile, or disassemble the Software or create derivative works based upon the Software;
Merge the Software with any other program or modify the Software, except for your personal use;
Sublicense or otherwise make the Software available to third parties, except that you may, after prior written notification to Acer, transfer the Software as a whole to a third party so long as you do not retain any copies of the Software and such third party accepts the terms of this Agreement;
Transfer your rights under this Agreement to any third parties; and
Export the Software in contravention of applicable export laws and regulations, or (i) sell, re-export, transfer, divert, disclose technical data, or dispose of, any Software to any prohibited person, entity, or destination including, without limitation, Cuba, Iran, North Korea, Sudan and Syria; or (ii) use any Software for any use prohibited by applicable laws or regulations.

LIVE UPDATE
Certain of the 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 Product and/or the Device. By installing the Software, you hereby agree and consent that Acer (or its licensors or suppliers) may automatically check the version of such Software that you are using on your Product and/or the Device and may provide upgrades to such Software that may be automatically downloaded on to your Product and/or the Device.

CONSENT TO USE OF DATA
You acknowledge and agree that Acer and/or Acer’s contracted suppliers may collect and use personal information and other data (collectively, the “Data”) entered by you or created through the use of the Software and/or the Product as follows:

Account. In order to access and use the Software and the services performed by the Software (the “Service”), you must create a username and password and provide the information requested during the registration process. You are solely responsible for protecting the confidentiality of your username and password and for all activity that occurs using your username and password. If you become aware of any unauthorized use of your username or password, please notify Acer as soon as possible.

Data. In order to use the Service, you will be required to provide (and Acer and/or Acer’s contracted suppliers will collect once submitted) personal information including, but not limited to, your username, password, email address, and product serial number. Acer and/or Acer’s contracted suppliers will only use personal information and/or other data for the purpose of providing the Service, performing Software support, updates, and maintenance, and enhancing your experience.

Facilities and Data Transfer. Acer and/or Acer’s contracted suppliers may process or store Data in, or transfer Data to or from, the United States, Europe, Taiwan, or any other location where Acer or Acer’s contracted suppliers maintain facilities. By using the Software and/or the Product, you consent to the processing, storage and transfer of Data that may result in your Data being on (or transferred to) servers located outside the country where you live. Acer and Acer’s contracted suppliers will take steps reasonably necessary to ensure that your Data is secure.

For more information on how your Data will be collected and used, please refer to Acer’s Privacy Policy at: http://www.acer-group.com/public/index/privacy.htm

OWNERSHIP & COPYRIGHT
Title, ownership rights and intellectual property rights in and to the Software and all copies thereof shall remain with Acer (or Acer’s 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

Not to remove any copyright or other proprietary notices from the Software;
To reproduce all such notices on any authorized copies you make; and
To use best efforts to prevent any unauthorized copying of the Software.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACER, ITS SUPPLIERS, AND ITS LICENSORS, PROVIDE THE SOFTWARE OR THE SERVICES "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.

THE SOFTWARE MAY INCLUDE LINKS OR ENABLE ACCESS TO CERTAIN THIRD PARTY WEBSITES AND/OR SERVICE (COLLECTIVELY, “THIRD PARTY SERVICES”). YOUR USE OF THIRD PARTY SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS REQUIRED BY THE THIRD PARTY OWNERS/LICENSORS OF SUCH SERVICES. CERTAIN CONTENT, INFORMATION, APPLICATIONS, OR MATERIALS MAY BE DISPLAYED OR MADE AVAILABLE ON OR THROUGH SUCH THIRD PARTY SERVICES (COLLECTIVELY, “THIRD PARTY MATERIALS”). THESE THIRD PARTY MATERIALS ARE NOT CONTROLLED BY ACER. YOU ACKNOWLEDGE AND AGREE THAT ACER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICES OR THIRD PARTY MATERIALS. THE LINKS OR ACCESS TO THIRD PARTY SERVICES AND THIRD PARTY MATERIALS ARE PROVIDED TO YOU SOLELY AS A CONVENIENCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACER DISCLAIMS ANY AND ALL WARRANTIES OR REPRESENTATIONS PERTAINING TO THIRD PARTY SERVICES OR THIRD PARTY MATERIALS.

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 OF 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:

Cease all use of the Software;
Destroy or return to Acer the original and all copies of the Software; and
Delete the Software from the Device 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
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. 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 other services and products of Acer’s licensors’ or suppliers’ third party licensors. Your use of the Third Party Software shall also be subject to additional terms and conditions and policies which can be accessed through our global website at http://www.acer.com/worldwide/support/swa.htm.