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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, 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.
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.
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 OR FITNESS FOR
A PARTICULAR PURPOSE. CREATIVE IS NOT OBLIGATED TO
PROVIDE ANY UPDATES, UPGRADES OR TECHNICAL SUPPORT
FOR THE SOFTWARE.
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.
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, LOSS OF USE, 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 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. 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.
ADDENDUM TO THE MICROSOFT SOFTWARE LICENSE
AGREEMENT
IMPORTANT: By using the Microsoft software files (the "Microsoft
Software") provided with this Addendum, you are agreeing to be bound by
the following terms. If you do not agree to be bound by these terms, you may
not use the Microsoft Software.
The Microsoft Software is provided for the sole purpose of replacing the
corresponding files provided with a previously licensed copy of the
Microsoft software product ("ORIGINAL PRODUCT"). Upon installation,
the Microsoft Software files become part of the ORIGINAL PRODUCT and
are subject to the same warranty and license terms and conditions as the
ORIGINAL PRODUCT. If you do not have a valid license to use the
ORIGINAL PRODUCT, you may not use the Microsoft Software. Any other
use of the Microsoft Software is prohibited.
Nothing in this Agreement shall be construed on the part of Creative as
advocating or authorising the infringement of local and/or international laws
applicable to your jurisdiction.
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
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 earlier. 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.
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