End User License Agreement

This end user license agreement ("Agreement") constitutes a valid and binding Agreement between ASUSTeK Computer Inc. ("ASUS") and you, as a user, for the use of the ASUS Software ("Software") defined as set forth below. By installing and continuing to use the software YOU EXPRESSLY ACKNOWLEGE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY NEW VERSIONS HEREOF.
 
LICENSE Subject to the terms of this Agreement, ASUS hereby grants You a limited, personal, non-commercial, non-exclusive license to use the Software solely as embedded in the ASUS products. This license shall not be sublicensed, and is not transferable except to a person or entity to whom you transfer ownership of the complete ASUS products containing the Software, provided you permanently transfer all rights under this Agreement and do not retain any full or partial copies of the Software, and the recipient agrees to the terms of this Agreement.

SOFTWARE means the ASUS Software provided in or with the applicable ASUS product including but not limited to any future programming fixes, updates, upgrades and modified versions.

REVERSE RESTRICTION You shall not reverse engineer, decompile decrypt or disassemble the Software or permit or induce the foregoing except to the extent directly applicable law prohibits enforcement of the foregoing.

CONFIDENTIAL ITY You shall have a duty to protect and not to disclose or cause to be disclosed in whole or in part of confidential information of the Software including but not limited to trade secrets, copyrighted material in any form to any third party.  

IP RIGHTS You acknowledge and agree that all IP Rights, title, and interest to or arising from the Software are and shall remain the exclusive property of ASUS. Nothing in this Agreement intends to transfer any such IP Rights to You. Any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including but not limited to copyright laws and trademark laws. 

TERM AND TERMINATION This Agreement will be effective as of the date You install the Software. You may terminate this License at any time by ceasing all use of the Software and removing the Software from ASUS product. You right will terminate without prior notice from ASUS if we think You fail to comply with any provision of this Agreement.

WARRANTY DISCLAIMER

THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. EXCEPT AS PROVIDED IN THIS AGREEMENT, THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. FURTHERMORE, ASUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. ANY WARRANTY PROVIDED BY ANY DISTRIBUTORS OR ASUS EMPLOYEES INCONSISTENT WITH THIS SECTION IS VOID. THE SOFTWARE IS NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS.

LIMITATION OF LIABILITIES NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, ASUS MAXIMUM AGGREGATE LIABILITY TO LICENSEE FOR ALL CLAIMS, LIABILITIES OR OBLIGATIONS ARISING UNDER OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, WILL IN NO EVENT EXCEED ALL AMOUNTS PAID BY YOU FOR THE PRODUCT.  IN NO EVENT WILL ASUS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS), REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FOR BREACH OF THIS AGREEMENT, INCLUDING BREACH OF WARRANTY, OR IN TORT (INCLUDING NEGLIENCE) OR OTHERWISE, EVEN IF ASUS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  LIABILITY FOR DAMAGES SHALL BE SO LIMITED AND EXCLUDED, REGARDLESS OF THE VALIDITY OR EFFICACY OF ANY REMEDY PROVIDED HEREIN AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

GENERAL TERMS This Agreement shall be governed by, and construed in accordance with, the substantive laws of Republic of China. All claims arising out of this Agreement shall be decided solely and exclusively by a binding arbitration, which shall be conducted in accordance with the rules of the Arbitration Association of the Republic of China, before a single arbitrator, in the City of Taipei. 

In the event of the invalidity of any provision of this Agreement, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, and further agree to substitute for such invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
