Acer P400 User manual

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Acer P400
User Guide

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© 2010 All Rights Reserved
Acer P400 Smartphone User Guide
First issue: 01/2010
Acer P400 Smartphone
Model number: __________________________________
Serial number: ___________________________________
Date of purchase: ________________________________
Place of purchase: ________________________________

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End User Licence
Agreement
IMPORTANT-READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("AGREEMENT")
IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY),
AND ACER INC. INCLUDING ITS SUBSIDIARIES ("ACER") FOR THE SOFTWARE
(WHETHER PROVIDED BY ACER OR BY ACER'S LICENSORS OR SUPPLIERS) THAT
ACCOMPANIES THIS AGREEMENT, INCLUDING ANY ASSOCIATED MEDIA, PRINTED
MATERIALS AND RELATED USER ELECTRONIC DOCUMENTATION WHICH MAY BE
BRANDED "ACER" ("SOFTWARE"). AGREEMENTS RELATING TO ANY OTHER PRODUCT
OR TOPIC ARE NEITHER INTENDED NOR SHOULD THEY BE IMPLIED. BY INSTALLING
THE ACCOMPANYING SOFTWARE OR ANY PORTION THEREOF, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT
CONTINUE THE INSTALLATION PROCESS AND IMMEDIATELY DELETE ALL INSTALLED
FILES, IF ANY, OF THE ACCOMPANYING SOFTWARE FROM YOUR PHONE.
IF YOU DO NOT HAVE A VALIDLY-LICENSED COPY OF THE APPLICABLE SOFTWARE,
YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE,
AND HAVE NO RIGHTS UNDER THIS AGREEMENT.
The Software is protected by U.S. and international copyright laws and conventions as
well as other intellectual property laws and treaties. The Software is licensed, not sold.
GRANT OF LICENSE
Acer grants to you the following non-exclusive and non-transferable rights with
respect to the Software. Under this Agreement, you may:
1. Install and use the Software only on a single designated phone. A separate
license is required for each phone on which the Software will be used;
2. Make one copy of the Software solely for backup or archival purposes;
3. Make one hardcopy of any electronic documents included in the Software,
provided that you receive the documents electronically.
RESTRICTIONS
You may NOT:
1. Use or copy the Software except as provided in this Agreement;
2. Rent or lease the Software to any third party;
3. Modify, adapt, or translate the Software in whole or in part;
4. Reverse engineer, decompile, or disassemble the Software or create derivative
works based upon the Software;
5. Merge the Software with any other program or modify the Software, except for
your personal use; and
6. Sublicense or otherwise make the Software available to third parties, except
that you may, after prior written notification to Acer, transfer the Software as a
whole to a third party so long as you do not retain any copies of the Software
and such third party accepts the terms of this Agreement.
7. Transfer your rights under this Agreement to any third parties.

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8. Export the Software in contravention of applicable export laws and regulations,
or (i) sell, export, re-export, transfer, divert, disclose technical data, or dispose
of, any Software to any prohibited person, entity, or destination including,
without limitation, Cuba, Iran, North Korea, Sudan and Syria; or (ii) use any
Software for any use prohibited by the laws or regulations of the United States.
SUPPORT SERVICES
Acer is not obligated to provide technical or other support for the Software.
ACER LIVE UPDATE
Certain of the software contains elements that enable the use of the Acer Live Update
service, which allows for updates for such software to be automatically downloaded
and installed on your phone. By installing the software, you hereby agree and consent
that Acer (or its licensors) may automatically check the version of such software that
you are using on your phone and may provide upgrades to such software that may be
automatically downloaded on to your phone.
OWNERSHIP AND COPYRIGHT
Title, ownership rights and intellectual property rights in and to the Software and all
copies thereof shall remain with Acer or Acer's licensors or suppliers (as applicable).
You do not have or shall not gain any proprietary interest in the Software (including
any modifications or copies made by or for you) or any related intellectual property
rights. Title and related rights in the content accessed through the Software is the
property of the applicable content owner and may be protected by applicable law.
This license gives you no rights to such contents. You hereby agree
1. Not to remove any copyright or other proprietary notices from the Software;
2. To reproduce all such notices on any authorized copies you make; and
3. To use best efforts to prevent any unauthorized copying of the Software.
TRADEMARKS
This Agreement does not grant to you any rights in connection with any trademarks or
service marks of Acer or of Acer's licensors or suppliers.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACER, ITS SUPPLIERS,
AND ITS LICENSORS, PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND
HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF
RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF
NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

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EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
ACER, 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 OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR
PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY
INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR
ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY
WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF
THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY OF ACER OR ITS SUPPLIERS OR LICENSORS, AND EVEN IF
ACER AND ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED
ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ACER, ITS
SUPPLIERS, AND ITS LICENSORS, UNDER ANY PROVISION OF THIS AGREEMENT, AND
YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE
AGGREGATE AMOUNT PAID BY YOU FOR THE SOFTWARE. THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING DISCLAIMER OF
WARRANTIES AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN
OTHER DAMAGES ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE; PROVIDED,
HOWEVER, THAT BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERMINATION
Without prejudice to any other rights, Acer may immediately terminate this
Agreement without notice if you fail to comply 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; and
3. 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 this Agreement.
GENERAL
This Agreement represents the complete agreement between you and Acer relating to
this license for the Software and supersedes all prior agreements, communications,
proposals and representations between the parties and prevails over any conflicting or
additional terms of any quote, order, acknowledgement or similar communication.
This Agreement may only be modified by a written document signed by both parties.