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- CREATIVE SOFTWARE LICENSE
-
- This Agreement sets forth the license terms and conditions for using the
- enclosed software Driver/Program which you have downloaded from the web
- ("Software").
-
- This License is effective until terminated. You may terminate it at any
- time by destroying the Software together with any copies currently in your
- possession. The License also terminates if you fail to comply with the
- terms and conditions of this agreement, and additionally you need to
- destroy any copies or variations of the software.
-
- 1. GRANT OF LICENSE. Creative Technology Limited and its subsidiaries
- ("Creative"), grants to you the right to use all or a portion of this
- Software provided that (i) the Software is not distributed for profit; (ii)
- the Software is used only in conjunction with Creative's family of
- products; (iii) the Software may NOT be modified; (iv) all copyright
- notices are maintained on the Software; and (v) the licensee/end user
- agrees to be bound by the terms of this Agreement.
-
- 2. COPYRIGHT. The Software is owned by Creative 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.
-
- 3. OTHER RESTRICTIONS. This License Agreement is your proof of license to
- exercise the rights granted herein and must be retained by you. You may
- not rent or lease the Software. You may not reverse engineer, decompile or
- disassemble the Software.
-
- 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 DISCLAIM ALL
- WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
- LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
- PARTICULAR PURPOSE. CREATIVE IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE
- SOFTWARE.
-
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Creative be
- liable for any damages whatsoever (including, without limitation,
- incidental, direct, indirect special and consequential damages, 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 Creative product, even if Creative has 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 agree to indemnify, hold harmless and defend Creative
- from and against any claims or lawsuits, including attorney's fees that
- arise or result from the use or distribution of the Software in violation
- of this Agreement.
-
- This Agreement shall be construed, interpreted and governed by the laws of
- the State of California, except the federal laws which govern the
- copyrights and registered trademarks. You agree that this is the complete
- and exclusive statement of the Agreement between you and Creative which
- supersedes any proposal or prior agreement, oral or written, and any other
- communications between us regarding the subject of this Agreement. If any
- provision of this Agreement is found unenforceable, it will not affect the
- validity of this Agreement, which shall remain valid and enforceable
- according to its terms.
-
- SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION If you acquired the
- Software in the European Union, the following provisions also apply to you.
- If there is any inconsistency bewteen the terms of the Software License 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 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 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
- 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 and South 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
-
- Operating Hours (U.S.A. Central Time)
- Mon-Sun 8:00am-12:00am (16 hours)
- Public Holiday - Closed
- BBS 24 hours operational
-
-
- Inside Europe, contact:
-
- Ireland:
- Creative Labs (Ireland) Ltd. Technical Support
- Ballycoolin Business Park,
- Blanchardstown, Dublin 15,
- IRELAND
-
- TEL (353) 1-820-7555
- BBS (353) 1-820-3784
- BBS (353) 1-820-3818
- FAX (353) 1-820-5052
-
- France:
- TEL (33) 139-200421
- FAX (33) 139-209010
- BBS (33) 139-209043(HST)
- BBS (33) 139-209047(V32bis)
- Minitel 3615 CREATIVE and
- 3627 CREATIVE
-
- UK:
- TEL (44) 01734-344744
- FAX (44) 01734-320271
- BBS (44) 01743-360287
-
- Germany (for Central & Eastern Europe):
-
- TEL (49) 89 957-9081
- FAX (49) 89 957-7453
- BBS (49) 89 957-7237
- BBS (49) 89 957-7274
-
- Holland:
- TEL (31) 1557-8244
-
- Belgium: (for Benelux)
-
- TEL (32) 3230-0997 (French)
- TEL (32) 3230-0998 (Dutch)
- BBS (32) 3281-4631 (HST V.43)
- BBS (32) 3281-4632(V.34)
-
- Spain:
-
- TEL (900) 953536 (Freephone)
-
- Italy:
- TEL (39) 2 9824-4100
-
- Sweden:
- TEL (020) 791088 (Freephone)
- BBS (45) 4824-4351 (HST V.34)
- BBS (45) 4824-4361 (ZyXEL 19.2kbps)
-
- Denmark:
- TEL (800) 17177 (Freephone)
- BBS (45) 4824-4351 (HST V.34)
- BBS (45) 4824-4361 (ZyXEL 19.2kbps)
-
- Norway:
- TEL (0800) 118052(Freephone)
- BBS (45) 4824-4351(HST V.34)
- BBS (45) 4824-4361(ZyXEL 19.2kbps)
-
- Operating Hours
- Mon-Fri: Business Hours
- Sat-Sun: Closed
-
-
- Note: Inside Europe, please direct all faxes to Ireland.
-
-
-
- Inside Asia, contact:
- Creative Technology Ltd.
- Technical Support
- 75 Ayer Rajah Crescent #01-04
- Singapore 0513
- TEL (065) 773-4048
- FAX (065) 773-0353
- BBS (065) 776-2423 (3 Nodes - V.Fast)
-
- Operating Hours (Singapore Time)
- Mon-Thu 9:00am-6:30pm
- Fri 9.00am-6.00pm
- Sat, Sun & Public Holiday Closed
- BBS 24 hours operational
-
- CompuServe: GO BLASTER
- WWW Site: http://www.creaf.com
- FTP Site: ftp.creaf.com
- Internet E-mail address: 72662.1602@compuserve.com
-
- Copyright (C) 1994, Creative Labs, Inc., Creative Technology Ltd. All
- rights reserved. All other products are trademarks or registered trademarks
- of their respective owners.
-
-
-