End User License Agreement

This end user license agreement ("Agreement") constitutes a valid and binding Ag
reement between ASUSTeK Computer Inc. ("ASUS") and you, as a user, for the use o
f the ASUS Software ("Software") defined as set forth below. By installing and c
ontinuing to use the software YOU EXPRESSLY ACKNOWLEGE THAT YOU HAVE READ AND UN
DERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY NEW VERSIO
NS 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 transf
er 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 an
d modified versions.
REVERSE RESTRICTION You shall not reverse engineer, decompile decrypt or disasse
mble the Software or permit or induce the foregoing except to the extent directl
y applicable law prohibits enforcement of the foregoing.
CONFIDENTIAL ITY You shall have a duty to protect and not to disclose or cause t
o be disclosed in whole or in part of confidentail information of the Software i
ncluding but not limited to trade secrets, copyrighted material in any form to a
ny third pary.
IP RIGHTS You acknowledge and agree that all IP Rights, title, and interest to o
r 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 un
authorized use of the IP Rights is a violation of this Agreement as well as a vi
olation of intellectual property laws, including but not limited to copyright la
ws 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 termina
te without prior notice from ASUS if we think You fail to comply with any provis
ion 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 STATU
TORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION EXPRESS OR IMPLIED
, STATUTORY OR OTHERWISE WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTIC
ULAR PURPOSE, TITLE OR NON-INFRINGEMENT. FURTHERMORE, ASUS DOES NOT WARRANT OR M
AKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTW
ARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILIT
Y, CURRENTNESS, OR OTHERWISE. ANY WARRANTY PROVIDED BY ANY DISTRIBUTORS OR ASUS
EMPLOYEES INCONSISTENT WITH THIS SECTION IS VOID. THE SOFTWARE IS NOT INTENDED F
OR 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 OBL
IGATIONS ARISING UNDER OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE THEORY O
F LIABILITY, WILL IN NO EVENT EXCEED ALL AMOUNTS PAID BY YOU FOR THE PRODUCT. I
N NO EVENT WILL ASUS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL O
R CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INC
LUDING BUT NOT LIMITED TO LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNI
ARY LOSS), REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FOR BREACH OF THIS AGR
EEMENT, INCLUDING BREACH OF WARRANTY, OR IN TORT (INCLUDING NEGLIENCE) OR OTHERW
ISE, 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 VAL
IDITY 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 w
ith, the substantive laws of Republic of China. All claims arising out of this A
greement 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 a
gree that such invalidity shall not affect the validity of the remaining portion
s 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.