3EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALLACER, ACER'S SUPPLIERS, OR ACER'S LICENSORS, BE LIABLE FOR ANY SPECIAL,INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS ORCONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FORPERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTYINCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FORANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANYWAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISIONOF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR INCONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OFTHE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACTOR BREACH OF WARRANTY OF ACER OR ITS SUPPLIERS OR LICENSORS, AND EVEN IFACER AND ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.LIMITATION OF LIABILITY AND REMEDIESNOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASONWHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCEDABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ACER, ITSSUPPLIERS, AND ITS LICENSORS, UNDER ANY PROVISION OF THIS AGREEMENT, ANDYOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THEAGGREGATE AMOUNT PAID BY YOU FOR THE SOFTWARE. THE FOREGOINGLIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING DISCLAIMER OFWARRANTIES AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAINOTHER DAMAGES ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE; PROVIDED,HOWEVER, THAT BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEABOVE LIMITATION MAY NOT APPLY TO YOU.TERMINATIONWithout prejudice to any other rights, Acer may immediately terminate thisAgreement without notice if you fail to comply with any terms and conditions of thisAgreement.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 phones on which it was resident.All disclaimers of warranties and limitation of liability set forth in this Agreement shallsurvive termination of this Agreement.GENERALThis Agreement represents the complete agreement between you and Acer relating tothis license for the Software and supersedes all prior agreements, communications,proposals and representations between the parties and prevails over any conflicting oradditional terms of any quote, order, acknowledgement or similar communication.This Agreement may only be modified by a written document signed by both parties.