Decompiling, Disassembling, or Reverse Engineering.
You acknowledge that the Software contains trade secrets and
other proprietary information of Creative and its licensors.
Except to the extent expressly permitted by this Agreement or
by the laws of the jurisdiction where you are located, you
may not decompile, disassemble or otherwise reverse engineer
the Software, or engage in any other activities to obtain
underlying information that is not visible to the user in
connection with normal use of the Software. In any event,
you will notify Creative of any information derived from
reverse engineering or such other activities, and the results
thereof will constitute the confidential information of
Creative that may be used only in connection with the
Software.
TERMINATION
The license granted to you is effective until terminated. You may
terminate it at any time by returning the Software (including any
portions or copies thereof) to Creative. The license will also
terminate automatically without any notice from Creative if you fail
to comply with any term or condition of this Agreement. You agree
upon such termination to return the Software (including any portions
or copies thereof) to Creative. Upon termination, Creative may also
enforce any rights provided by law. The provisions of this
Agreement that protect the proprietary rights of Creative will
continue in force after termination.
LIMITED WARRANTY
Creative warrants, as the sole warranty, that the disks on which the
Software is furnished will be free of defects, as set forth in the
Warranty Card or printed manual included with the Software. No
distributor, dealer or any other entity or person is authorized to
expand or alter this warranty or any other provisions of this
Agreement. Any representation, other than the warranties set forth
in this Agreement, will not bind Creative.
Creative does not warrant that the functions contained in the
Software will meet your requirements or that the operation of the
Software will be uninterrupted or error-free. EXCEPT AS
STATED ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED
AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
You assume full responsibility for the selection of the Software to
achieve your intended results, and for the installation, use and
results obtained from the Software. You also assume the entire
risk as it applies to the quality and performance of the Software.
Should the Software prove defective, you (and not Creative, or its
distributors or dealers) assume the entire cost of all necessary
servicing, repair or correction.
This warranty gives you specific legal rights, and you may also have
other rights which vary from country/state to country/state. Some
countries/states do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you. Creative disclaims all
warranties of any kind if the Software was customized, repackaged or
altered in any way by any third party other than Creative.
LIMITATION OF REMEDIES AND DAMAGES
THE ONLY REMEDY FOR BREACH OF WARRANTY WILL BE THAT SET
FORTH IN THE WARRANTY CARD OR PRINTED MANUAL INCLUDED
WITH THE SOFTWARE. IN NO EVENT WILL CREATIVE OR ITS
LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST
SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR
RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF
CREATIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CREATIVE'S
LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER
EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE,
REGARDLESS OF THE FORM OF THE CLAIM.
Some countries/states do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
PRODUCT RETURNS
IF YOU MUST SHIP THE SOFTWARE TO CREATIVE OR AN AUTHORIZED
CREATIVE DISTRIBUTOR OR DEALER, YOU MUST PREPAY SHIPPING
AND EITHER INSURE THE SOFTWARE OR ASSUME ALL RISK OF LOSS
OR DAMAGE IN TRANSIT.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted
rights. Use, duplication or disclosure by the U.S. Government is
subject to restrictions as set forth in subdivision (b)(3)(ii) of
the Rights in Technical Data and Computer Software Clause at
252.227-7013. If you are sub-licensing or using the Software
outside of the United States, you will comply with the applicable
local laws of your country, U.S. export control law, and the
English version of this Agreement.
CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
Creative Technology Ltd
31, International Business Park
Creative Resource
Singapore 609921
GENERAL
This Agreement is binding on you as well as your employees,
employers, contractors and agents, and on any successors and
assignees. Neither the Software nor any information derived
therefrom may be exported except in accordance with the laws of
the U.S. or other applicable provisions. This Agreement is
governed by the laws of the State of California (except to the
extent federal law governs copyrights and federally registered
trademarks). This Agreement is the entire agreement between us
and supersedes any other understandings or agreements, including,
but not limited to, advertising, with respect to the Software.
If any provision of this Agreement is deemed invalid or
unenforceable by any country or government agency having
jurisdiction, that particular provision will be deemed modified
to the extent necessary to make the provision valid and
enforceable, and the remaining provisions will remain in full
force and effect.
For questions concerning this Agreement, please contact Creative
at the address stated above. For questions on product or
technical matters, contact the Creative technical support centre
nearest you.
SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION
If you acquired the Software in the European Union (EU), the
following provisions also apply to you. If there is any
inconsistency between the terms of the Software License Agreement
set out above and the following provisions, the following
provisions shall take precedence:
Decompilation:
You agree not for any purpose to transmit the Software or display
the SoftwareÆs object code on any computer screen or to make any
hard copy memory dumps of the SoftwareÆs object code. If you
believe you require information related to the interoperability
of the Software with other programs, you shall not decompile or
disassemble the Software to obtain such information, and you agree
to request such information from Creative at the address listed
below. Upon receiving such a request, Creative shall determine
whether you require such information for a legitimate purpose and,
if so, Creative will provide such information to you within a
reasonable time and on reasonable conditions.
Limited Warranty:
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, AND AS
PROVIDED BELOW UNDER THE HEADING "STATUTORY RIGHTS",
THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Limitation of Remedy and Damages:
THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE
SOFTWARE LICENSE AGREEMENT SHALL NOT APPLY TO PERSONAL
INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY
CREATIVEÆS NEGLIGENCE AND ARE SUBJECT TO THE PROVISION
SET OUT BELOW UNDER THE HEADING "STATUTORY RIGHTS".
Statutory rights:
Irish law provides that certain conditions and warranties may be
implied in contracts for the sale of goods and in contracts for
the supply of services. Such conditions and warranties are hereby
excluded, to the extent such exclusion, in the context of this
transaction, is lawful under Irish law. Conversely, such
conditions and warranties, insofar as they may not be lawfully
excluded, shall apply. Accordingly nothing in this Agreement
shall prejudice any rights that you may enjoy by virtue of
Sections 12, 13, 14 or 15 of the Irish Sale of Goods Act 1893
(as amended).
General:
This Agreement is governed by the laws of the Republic of Ireland.
The local language version of this agreement shall apply to
Software acquired in the EU. This Agreement is the entire
agreement between us and you agree that Creative will not have
any liability for any untrue statement or representation made by
it, its agents or anyone else (whether innocently or negligently)
upon which you relied upon entering this Agreement, unless such
untrue statement or representation was made fraudulently.
