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- Creative End-User Software License Agreement
- ============================================
-
- PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE.
- BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF
- THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE
- AGREEMENT, DO NOT OPEN THE SEALED DISK PACKAGE, INSTALL OR USE
- THE SOFTWARE. PROMPTLY RETURN, WITHIN 15 DAYS, THE SOFTWARE,
- ALL RELATED DOCUMENTATION 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 sealed 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 with
- a single CPU. 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 in 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
- 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 center
- 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 earlier and in 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 Digicom at the address listed
- earlier. Upon receiving such a request, Digicom shall determine
- whether you require such information for a legitimate purpose and,
- if so, Digicom will provide such information to you within a
- reasonable time and on reasonable conditions.
-
- Limited Warranty
- EXCEPT AS STATED EARLIER IN THIS AGREEMENT, AND AS PROVIDED
- 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 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.
-