End User License Agreement
IMPORTANT-READ CAREFULLY: THIS END USER LICENSE AGREEMENT("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN
INDIVIDUAL OR A SINGLE ENTITY), AND ACER INC. INCLUDING ITSSUBSIDIARIES ("ACER") FOR THE SOFTWARE (WHETHER PROVIDED BY ACERAND/OR BY ACER’S THIRD-PARTY LICENSORS OR SUPPLIERS) THATACCOMPANIES THIS AGREEMENT OR IS INCORPORATED INTO THIS COMPUTERSYSTEM, INCLUDING ANY ASSOCIATED MEDIA, PRINTED MATERIALS ANDRELATED USER ELECTRONIC DOCUMENTATION WHICH MAY BE BRANDED“ACER”, “GATEWAY”, or “PACKARD BELL” (COLLECTIVELY, THE "SOFTWARE").
AGREEMENTS RELATING TO ANY OTHER PRODUCT OR TOPIC ARE NEITHERINTENDED NOR SHOULD THEY BE IMPLIED. BY INSTALLING OR ACTIVATINGTHE SOFTWARE OR ANY PORTION THEREOF, YOU AGREE TO BE BOUND BY THETERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CONTINUETHE INSTALLATION OR ACTIVATION PROCESS AND IMMEDIATELY DELETE ALLINSTALLED FILES, IF ANY, OF THE ACCOMPANYING SOFTWARE FROM YOURCOMPUTER SYSTEM.
IF YOU DO NOT HAVE A VALIDLY-LICENSED COPY OF THE APPLICABLE
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 U.S. and international copyright laws and conventions as well asother 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 theSoftware. Under this Agreement, you may:
1. Install and use the Software only on a single designated computer. A separate license isrequired for each computer on which the Software will be used;
2. Make one copy of the Software solely for backup or archival purposes;
3. Make one hardcopy of any electronic documents included in the Software, provided thatyou receive the documents electronically.
RESTRICTIONS:
You may NOT:
1. Use or copy the Software except as provided in this Agreement;

2. Rent or lease the Software to any third party;
3. Modify, adapt, or translate the Software in whole or in part;
4. Reverse engineer, decompile, or disassemble the Software or create derivative works based
upon the Software;
5. Merge the Software with any other program or modify the Software, except for yourpersonal use; and6. 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 longas you do not retain any copies of the Software and such third party accepts the terms of thisAgreement.
7. Transfer your rights under this Agreement to any third parties.
8. Export the Software in contravention of applicable export laws and regulations, or (i) sell,export, 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 the laws or regulations ofthe United States.
SUPPORT SERVICES
Acer is not obligated to provide technical or other support for the Software.
ANCILLARY SERVICES
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 onyour computer. By installing the Software, you hereby agree and consent that Acer (or itslicensors) may automatically check the version of such Software that you are using on yourcomputer and may provide upgrades to such Software that may be automatically downloaded
on to your computer.
You may also be offered the opportunity to receive services (or information thereof) for theSoftware or the Computer System or to receive future updates or marketing news (collectively,the “Services”). However, if Acer, its Suppliers, or its Licensors need to collect any datafrom you including your personal data (e.g., your name, contact information, age, gender, orother private information) or information regarding how your Computer System is being used
(e.g., what applications are installed/uninstalled, usage patterns, settings, etc.), your priorconsent shall be required before activation of such Services.
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 orcopies 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 ownerand 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; and3. To use best efforts to prevent any unauthorized copying of the Software.
TRADEMARKSThis Agreement does not grant to you any rights in connection with any trademarks or servicemarks of Acer or of Acer’s licensors or suppliers.
DISCLAIMER OF WARRANTIESTO 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 OTHERWARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES ORCONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE,OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OFWORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE,ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TOPROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITIONOF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TODESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHERDAMAGESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENTSHALL ACER, ACER’S SUPPLIERS, OR ACER’S LICENSORS, BE LIABLE FOR ANYSPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGESWHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OFPROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESSINTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURETO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE,FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSSWHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF ORINABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TOPROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTIONWITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THEFAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OFCONTRACT OR BREACH OF WARRANTY OF ACER OR ITS SUPPLIERS ORLICENSORS, AND EVEN IF ACER AND ITS SUPPLIERS AND LICENSORS HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIESNOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANYREASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGESREFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE
LIABILITY OF ACER, ITS SUPPLIERS, AND ITS LICENSORS, UNDER ANYPROVISION OF THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ALL OFTHE FOREGOING, SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BYYOU FOR THE SOFTWARE. THE FOREGOING LIMITATIONS, EXCLUSIONS ANDDISCLAIMERS (INCLUDING DISCLAIMER OF WARRANTIES AND EXCLUSION OF
INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES ABOVE) SHALLAPPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE; PROVIDED, HOWEVER, THATBECAUSE 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; and3. Delete the Software from all computers on which it was resident.
All disclaimers of warranties and limitation of liability set forth in this Agreement shallsurvive termination of this Agreement.
GENERAL
This Agreement represents the complete agreement between you and Acer relating to thislicense for the Software and supersedes all prior agreements, communications, proposals andrepresentations between the parties and prevails over any conflicting or additional terms ofany 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 willremain in full force and effect.
ADDITIONAL PROVISIONS APPLICABLE TO THIRD PARTY SOFTWARE ANDSERVICES
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 theThird Party Software in any manner that could damage, disable, overburden, or impair theServices provided by Acer’s licensors or suppliers hereunder (“Third Party Services”).
Furthermore, you may not use the Third Party Software in any manner that could interferewith any other party's use and enjoyment of the Third Party Services, or other services andproducts of Acer’s licensors’ or suppliers’ third party licensors. Your use of the Third Party
Software and Third Party Services shall also be subject to additional terms and conditions andpolicies which can be accessed through our global website at
http://www.acer.com/worldwide/support/swa.htm.