4WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION ORNON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACER, ACER'S SUPPLIERS, OR ACER'SLICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGESWHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHERINFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANYDUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OROTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THESOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTIONWITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICTLIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ACER OR ITS SUPPLIERS OR LICENSORS, AND EVEN IFACER AND ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.LIMITATION OF LIABILITY AND REMEDIESNOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUTLIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OFACER, ITS SUPPLIERS, AND ITS LICENSORS, UNDER ANY PROVISION OF THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDYFOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU FOR THE SOFTWARE. THEFOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING DISCLAIMER OF WARRANTIES AND EXCLUSION OFINCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES ABOVE) SHALL APPLY TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE; PROVIDED, HOWEVER, THATBECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.TERMINATIONWithout prejudice to any other rights, Acer may immediately terminate this Agreement without notice if you fail tocomply with any terms and conditions of this Agreement.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 shall survive termination of thisAgreement.GENERALThis Agreement represents the complete agreement between you and Acer relating to this license for the Software andsupersedes all prior agreements, communications, proposals and representations between the parties and prevails overany conflicting or additional terms of any quote, order, acknowledgement or similar communication. This Agreement mayonly be modified by a written document signed by both parties. If any provision of this Agreement is held by a court ofcompetent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and theremaining provisions of this Agreement will remain in full force and effect.ADDITIONAL PROVISIONS APPLICABLE TO THIRD PARTY SOFTWARE AND SERVICESSoftware provided hereunder by Acer's licensors or suppliers ("Third Party Software") is made available to you for yourpersonal, non-commercial use only. You may not use the Third Party Software in any manner that could damage, disable,overburden, or impair the services provided by Acer's licensors or suppliers hereunder ("Third Party Services").Furthermore, you may not use the Third Party Software in any manner that could interfere with any other party's use andenjoyment of the Third Party Services, or the services and products of Acer's licensors' or suppliers' third party licensors.Your use of the Third Party Software and Third Party Services is also subject to additional terms and conditions and policieswhich can be accessed through our global website.Privacy policyDuring registration you will be asked to submit some information to Acer. Please refer to Acer’s privacy policy at http://www.acer.com or your local Acer website.Music recognition technology and related data are provided by Gracenote®. Gracenote®,Gracenote logo and logotype, and the "Powered by Gracenote" logo are either aregistered trademark or a trademark of Gracenote, Inc. in the United States and/or othercountries.XT9 and XT9 logo are registered trademarks of Nuance Communications, Inc. or itssubsidiaries in the United States of America and/or other countries.