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of AF51 Quail, en, A31008-H2950-A1-3-7619 (03.03.2006, 06:57)

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13. MISCELLANEOUS. This Agreement repre-

sents the entire agreement between You and

BenQ relating to the Licensed Software and (i) su-

persedes all prior or contemporaneous oral or writ-

ten communications, proposals, and

representations with respect to its subject matter;

and (ii) prevails over any conflicting or additional

terms of any acknowledgement or similar commu-

nication between the parties during the term of this

License. Notwithstanding the foregoing, some

products of BenQ may require You to agree to ad-

ditional terms through an on-line "click-wrap" li-

cense, and such terms shall supplement this

Agreement. If any provision of this Agreement is

held invalid, all other provisions shall remain valid

unless such validity would frustrate the purpose of

this Agreement, and this Agreement shall be en-

forced to the full extent allowable under applicable

law. No modification to this Agreement is binding,

unless in writing and signed by a duly authorized

representative of each party. This Agreement shall

be binding on and shall inure to the benefit of the

heirs, successors, and assigns of the parties here-

to. The failure of either party to enforce any right re-

sulting from the breach of any provision of this

Agreement by the other party will not be deemed a

waiver of any right related to a subsequent breach

of such provision or any other right hereunder. Not-

withstanding anything to the contrary in this Agree-

ment, BenQ and/or its licensors may enforce its

rights, including but not limited to copyright, trade-

mark or trade names, in accordance with the rules

of law in each country.

Manufactured by BenQ Mobile GmbH & Co. OHG

under trademark license of Siemens AG.

A31008-H2950-A1-3-7619