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- CREATIVE END-USER SOFTWARE LICENSE AGREEMENT (for Web Software)
- Version 2.5.3, October 2002
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-
- PLEASE READ THIS DOCUMENT CAREFULLY. YOU HAVE AGREED TO THE TERMS OF
- THIS AGREEMENT BEFORE DOWNLOADING THE SOFTWARE FROM THE INTERNET.
-
- 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
- downloaded from this website 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. This License Agreement is your proof of
- license to exercise the rights granted herein and must be retained
- by you. 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.
- Creative grants to you the right to use all or a portion of this
- Software provided that
- (a) the Software is not distributed for profit;
- (b) the Software is used only in conjunction with Creative's family
- of products;
- (c) the Software may NOT be modified;
- (d) all copyright notices are maintained on the Software; and
- (e) the licensee/end-user agrees to be bound by the terms of this
- Agreement.
-
- 2. For Use on a Single Computer.
- The Software may be used only on a single computer by a single user
- at any time. 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. Copyright.
- The Software is owned by Creative and/or its licensors, and is
- protected by United States copyright laws and international treaty
- provisions. You may not remove the copyright notice from any copy of
- the Software or any copy of the written materials, if any,
- accompanying the Software.
-
- 5. 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.
-
- 6. 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.
-
- 7. 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."
-
- 8. Transfer of License.
- You may not transfer your license of the Software to a third party.
-
- 9. 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. You may use the Software for your
- personal use only, and not for public performance or for the creation
- of publicly displayed videotapes.
-
- 10. 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 particular, you agree not for any purpose to transmit the Software
- or display the Software's object code on any computer screen or to
- make any hardcopy memory dumps of the Software's 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.
-
- 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.
-
- 11. For Software With CDDB Features.
- This package includes applications which may contain software
- from CDDB, Inc.of Berkeley California d/b/a Gracenote ("Gracenote").
- The software from Gracenote (the " Gracenote CDDB Client")
- enables the application to do online disc identification and obtain
- music-related information, including name, artist, track and title
- information ("Gracenote Data")from online servers ("Gracenote
- CDDB Servers") and to perform other functions. You may use
- Gracenote Data only by means of the intended End-User functions
- of the application software.
-
- You agree that you will use Gracenote Data, the Gracenote CDDB Client
- and Gracenote CDDB Servers for your own personal non-commercial use
- only. You agree not to assign, copy, transfer or transmit the Gracenote
- CDDB Client or any Gracenote CDDB Data to any third party.
-
- YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CDDB
- CLIENT,OR GRACENOTE CDDB SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
-
- You agree that your non-exclusive license to use the Gracenote Data,
- the Gracenote CDDB Client and Gracenote CDDB Servers will terminate
- if you violate these restrictions. If your license terminates, you
- agree to cease any and all use of the Gracenote Data, the Gracenote
- CDDB Client and Gracenote CDDB Servers. Gracenote reserves all rights
- in Gracenote Data, the Gracenote CDDB Client and the Gracenote CDDB
- Servers, including all ownership rights. You agree that CDDB, Inc. may
- enforce its rights under this Agreement against you directly in its
- own name.
-
- The Gracenote CDDB Client and each item of Gracenote Data are
- licensed to you "AS IS." Gracenote makes no representations or
- warranties, express or implied, regarding the accuracy of any Gracenote
- Data from in the Gracenote CDDB Servers. Gracenote reserves the right
- to delete data from the Gracenote CDDB Servers or to change data
- categories for any cause that Gracenote deems sufficient. No warranty
- is made that the Gracenote CDDB Client or Gracenote CDDB Servers are
- error-free or that functioning of Gracenote CDDB Client or Gracenote
- CDDB Servers will be uninterrupted. Gracenote is not obligated to
- provide you with any new enhanced or additional data types or
- categories that Gracenote may choose to provide in the future and is
- free to discontinue its online services at any time.
-
- GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING,
- BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
- A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
-
- Gracenote does not warrant the results that will be obtained by your
- use of the Gracenote CDDB Client or any Gracenote CDDB Server.
-
- IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR
- INCIDENTIAL DAMAGES OR FOR ANY LOST PROFITS, OR LOST REVENUES.
- CDDB, INC. d/b/a/ GRACENOTE IS A THIRD PARTY BENEFICIARY HEREUNDER AND
- MAY ENFORCE ITS RIGHTS AGAINST YOU TO THE SAME EXTENT AS IF IT WERE
- A PARTY TO THIS AGREEMENT.
-
- TERMINATION
- The license granted to you is effective until terminated. You may
- terminate it at any time by destroying the Software (including any
- portions or copies thereof) currently in your possession or control.
- 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 any such termination to destroy the
- Software (including any portions or copies thereof). Upon
- termination, Creative may also enforce any and all rights provided by
- law. The provisions of this Agreement that protect the proprietary
- rights of Creative will continue in force after termination.
-
- NO WARRANTY
- ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE
- SOFTWARE IS PROVIDED FOR USE ONLY WITH CREATIVE'S HARDWARE
- AND RELATED SOFTWARE. THE SOFTWARE IS PROVIDED FOR USE "AS
- IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
- PERMITTED BY LAW, CREATIVE DISCLAIMS ALL WARRANTIES OF ANY
- KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
- LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF
- MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
- AND NONINFRINGEMENT. CREATIVE IS NOT OBLIGATED TO PROVIDE ANY
- UPDATES OR UPGRADES TO 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. 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 or free from malicious
- code. For purposes of this paragraph, "malicious code" means any
- program code designed to contaminate other computer programs or
- computer data, consume computer resources, modify, destroy, record,
- or transmit data, or in some other fashion usurp the normal operation
- of the computer, computer system, or computer network, including
- viruses, Trojan horses, droppers, worms, logic bombs, and the like.
-
- Any representation, other than the warranties set forth in this
- Agreement, will not bind Creative. You assume full responsibility
- for the selection of the Software to achieve your intended results,
- and for the downloading, 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.
-
- NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL
- DAMAGES IN NO EVENT SHALL CREATIVE OR ITS LICENSORS BE LIABLE FOR ANY
- DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT,
- INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY PERSONAL INJURY
- OR BODILY INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY CREATIVE'S
- NEGLIGENCE, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
- LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF
- THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF CREATIVE OR ITS
- LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
- SOME STATES/ COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
- LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
- MAY NOT APPLY TO YOU.
-
- INDEMNIFICATION BY YOU
- If you distribute the Software in violation of this Agreement, you
- hereby indemnify, hold harmless and defend Creative from and against
- any and all claims or lawsuits, including attorney's fees and costs
- that arise, result from or are connected with the use or distribution
- of the Software in violation of this Agreement.
-
- **Further, Creative shall not be liable for the accuracy of any
- information provided by Creative or third-party technical support
- personnel, or any damages caused, either directly or indirectly, by
- acts taken or omissions made by you as a result of such technical
- support.
-
- 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 any and all
- necessary servicing, repair or correction.**
-
- 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 you agree that Creative will not have any
- liability for any untrue statement or representation made by its, 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. This Agreement 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 center nearest you.
-
- This package may include software with DVD-Audio functionality
- for you to play content-protected DVD-Audio discs. The functionality
- of this Software may be lost if the content protection system is
- compromised. In this event, your sole remedy to restore such
- functionality is to download a product update from Creative's
- website.
-
- SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION
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- If you downloaded 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
- Software's object code on any computer screen or to make any hard copy
- memory dumps of the Software's 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 above. 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,
- FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
-
- 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 CREATIVE'S
- 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
- downloaded 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.
-
- **COPYRIGHT INFORMATION FOR USERS OF CREATIVE PRODUCTS
- ====================================================================
- Certain Creative products are designed to assist you in reproducing
- material for which you own the copyright or are authorized to copy by
- the copyright owner or by exemption in applicable law. Unless you own
- the copyright or have such authorization, you may be violating
- copyright law and may be subject to payment of damages and other
- remedies. If you are uncertain about your rights, you should contact
- your legal advisor.
-
- It is your responsibility when using a Creative product to ensure
- there is no infringement of applicable laws on copyright whereby the
- copying of certain materials may require the prior consent of the
- copyright owners. Creative disclaims any liability with regard to any
- illegal use of the Creative product and Creative shall in no event be
- liable with regard to the origin of any data stored in a compressed
- audio file.
-
- You acknowledge and agree that the exportation or use of MP3 Codecs
- in real-time broadcasting (terrestrial, satellite, cable or other
- media) or broadcasting via Internet or other networks, such as but not
- limited to intranets etc., in pay-audio or pay-on-demand applications,
- is not authorised and/or licensed (see also http://www.iis.fhg.de/amm/).**
-
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- E n d o f A g r e e m e n t
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