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End User Software License Agreement

When you open the Acer eDisplay Management Software package, you indicate your acceptance of this license agreement. Acer eDisplay Management Software is the property of Portrait Displays, Inc. and is protected by United States and International copyright laws. Portrait Displays, Inc. grants you a non-exclusive license to use one copy of Acer eDisplay Management Software on a single computer display device. You may not duplicate the software, except to make a single backup copy or to install on a hard disk, or on multiple computers if they are all attached to and using the same display. You may transfer the Acer eDisplay Management Software to another person only if you retain no copies of the software, and the new owner agrees to this license agreement. The software contains copyrighted material, trade secrets and other proprietary material. You may not de-compile, reverse engineer, disassemble or otherwise reduce the software to any human readable or usable form. You may not modify or create any derivative works based on the software. This license is in effect until termination. You may terminate this license by destroying all copies of the software and documentation. Portrait Displays Inc. may terminate this license if you fail to comply with any of the provisions of this agreement.

Acer eDisplay Management Software LIMITED WARRANTY.

Portrait Displays Inc. (Portrait), warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days from the date of receipt.

CUSTOMER REMEDIES. Portrait's and its suppliers' entire liability and your exclusive remedy shall be, at Portrait's option, either (a) return of the price paid, if any, or (b) repair or replacement of the Software or media which does not meet Portrait's Limited Warranty and which is returned to Portrait with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Portrait are available without proof of purchase from an authorized international source.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORTRAIT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PORTRAIT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PORTRAIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PORTRAIT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THE END USER LICENSE AGREEMENT SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR USD$5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY. THE ABOVE LIMITATION MAY NOT APPLY TO YOU.





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