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LICENSE.TXT
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1997-10-22
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Creative End-User Software License Agreement
============================================
PLEASE READ THIS DOCUMENT CAREFULLY. BY INSTALLING THE SOFTWARE,
YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT
INSTALL THE SOFTWARE. PROMPTLY RETURN, WITHIN 15 DAYS, THE
SOFTWARE, ALL RELATED DOCMENTATION AND ACCOMPANYING ITEMS TO
THE PLACE OF ACQUISITION FOR A FULL REFUND.
This is a legal agreement between you and Creative Technology Ltd.
and its subsidiaries ("Creative"). This Agreement states the
terms and conditions upon which Creative offers to license the
software in the disk package together with all related
documentation and accompanying items including, but not limited
to, the executable programs, drivers, libraries and data files
associated with such programs (collectively, the "Software").
LICENSE
1. Grant of License.
The Software is licensed, not sold, to you for use only
under the terms of this Agreement. You own the disk or
other media on which the Software is originally or
subsequently recorded or fixed; but, as between you and
Creative (and, to the extent applicable, its licensors),
Creative retains all title to and ownership of the
Software and reserves all rights not expressly granted
to you.
2. For Use on a Single Computer.
The Software may be used by you only on a single computer.
You may transfer the machine-readable portion of the
Software from one computer to another computer, provided that
(a) the Software (including any portion or copy thereof)
is erased from the first computer, and
(b) there is no possibility that the Software will be used
on more than one computer at a time.
3. Stand-Alone Basis.
You may use the Software only on a stand-alone basis, such
that the Software and the functions it provides are
accessible only to persons who are physically present at
the location of the computer on which the Software is
loaded. You may not allow the Software or its functions
to be accessed remotely, or transmit all or any portion of
the Software through any network or communication line.
4. One Archival Copy.
You may make one (1) archival copy of the machine-readable
portion of the Software for backup purposes only in support
of your use of the Software on a single computer, provided
that you reproduce on the copy all copyright and other
proprietary rights notices included on the originals of the
Software.
5. No Merger or Integration.
You may not merge any portion of the Software into, or
integrate any portion of the Software with, any other
program, except to the extent expressly permitted by the
laws of the jurisdiction where you are located. Any portion
of the Software merged into or integrated with another
program, if any, will continue to be subject to the terms
and conditions of this Agreement, and you must reproduce on
the merged or integrated portion all copyright and other
proprietary rights notices included on the originals of the
Software.
6. Network Version.
If you have purchased a "network" version of the Software,
this Agreement applies to the installation of the Software
on a single "file server". It may not be copied onto
multiple systems. Each "node" connected to the "file server"
must also have its own license of a "node copy" of the
Software, which becomes a license only for that specific
"node".
7. Transfer of License.
You may transfer your license of the Software, provided that
(a) you transfer all portions of the Software or copies
thereof,
(b) you do not retain any portion of the Software or any
copy thereof, and,
(c) the transferee reads and agrees to be bound by the terms
and conditions of this Agreement.
8. Limitations on Using, Copying, and Modifying the Software.
Except to the extent expressly permitted by this Agreement or
by the laws of the jurisdiction where you acquired the
Software, you may not use, copy or modify the Software. Nor
may you sub-license any of your rights under this Agreement.
9. 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
67 Ayer Rajah Crescent #03-18
Singapore 139950
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.
***
Should you have any questions concerning this Agreement, Or if you desire
to contact Creative for any reason, please contact your local Creative
subsidiary or write to:
Inside U.S.A., Canada, South and Central America, contact:
Creative Labs, Inc. Technical Support
1523 Cimarron Plaza,
Stillwater, OK 74075 U.S.A.
TEL (405) 742-6622
FAX (405) 742-6633
BBS (405) 742-6660 (14400) 8/n/1 24 lines
Internet http://www.creativelabs.com (general and product info)
http://www.creativehelp.com (technical support)
ftp.creaf.com
(ftp-related questions ONLY): ftpadmin@creative.creaf.com
CompuServe GO BLASTER
Email address via Internet: 72662.3046@CompuServe.COM
(for tech support, please use http://www.creativehelp.com)
TS Operating Hours (U.S.A. Central Time):
Mon-Sun 8:00am-12:00am (16 hours)
Closed Public Holidays
BBS and Automated Tech Support 24 hours operational
Customer Service (non-technical issues ONLY)
TEL 1-800-998-1000
FAX (405) 624-6780
(Please know what you would like to purchase or have the serial
number for your card or kit with you when you contact CS, if
possible.)
CS Operating Hours (U.S.A. Central Time):
Mon-Fri 8am-7pm
Closed Public Holidays
Customer Assistance and Technical Support Faxback Service
(general product info and card and drive diagrams and info)
Faxback (405) 372-5227
Customer Assistance (dealer referrals, product spec sheets, etc.)
TEL 1-800-998-5227
CA Operating Hours (U.S.A. Central Time)
Mon-Sun 8:00am-12:00am (16 hours)
Closed Public Holidays
Inside Europe, contact:
Creative Labs - Ireland Technical Support
Ballycoolin Industrial Park
Blanchardstown,
Dublin 15
IRELAND
Internet http://www.cle.creaf.com
ftp.cle.creaf.com
Note: Inside Europe, if no other fax number is listed please
direct faxes to the Ireland number.
IRELAND: Tel: +353 1820 7555
Fax: +353 1820 5052
FaxBack: +353 1820 3667
BBS: +353 1820 3784, 1 line (all lines now HST, V32bis,
+353 1820 3818, 3 lines Vterbo, V34 / VFast, V34+ 8/n/1)
U.K: Tel: +44 118 9344 744
GERMANY: Tel: +49 089 957 9081
FRANCE: Tel: +33 1 3920 0421
BELGIUM: Tel: (02) 71 71 198
DENMARK: Tel: 35 25 94 98
SWEDEN: Tel: (08) 75 19 147
HOLLAND: Tel: +31 1525 78244
NORWAY: Tel: 23 05 04 01
FINLAND: Tel: (09) 22 94 31 01
SPAIN: Tel: (91) 66 25 116
ITALY: Tel: +39 2 57500150
SWITZERLAND: Tel: (01) 21 21 868
AUSTRIA: Tel: (01) 589 244 320
PORTUGAL: Tel: 05055 3066
For European Technical Support ONLY: support@creative-labs.co.uk
Inside Asia and anywhere not listed above, contact:
Creative Technology Ltd. Technical Support
31, International Business Park
Creative Resource,
Singapore 609921.
TEL (65) 895-4100
FAX (65) 569-6640
BBS (065) 776-2423
Internet http://www.ctlsg.creaf.com
ftp.ctlsg.creaf.com
E-mail Support: support@ctlsg.creaf.com
Operating Hours (Singapore Time):
Mon-Fri 9:00am-6:00pm
Closed Saturdays, Sundays & Public Holidays
Inside Australia contact:
Creative Pacific Pty Ltd - Sydney
32-34 Dickson Ave
PO Box 835
ARTARMON NSW 2064
Tel (02) 9906 8887
Fax (02) 9906 5577
Tech Support Tel (02) 9906 1544
Tech Support Fax (02) 9906 2388
ShareVision (02) 9906 1918
BBS (02) 9906 8392 (n/8/1, 6 lines, V.FC)
Creative Pacific is the exclusive Australian distributor and not a fully
owned subsidiary of Creative Technology.