Creative DI5791 User Manual page 4

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 or User
Guide included with the installation disk or
package. 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,
TITLE OR NONINFRINGEMENT. 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 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 OR USER GUIDE
INCLUDED WITH THE INSTALLATION
DISK OR PACKAGE. IN NO EVENT WILL
CREATIVE OR ITS LICENSORS BE
LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR FOR
ANY PERSONAL INJURY OR BODILY
INJURY (INCLUDING DEATH) TO ANY
PERSONS CAUSED BY CREATIVE'S
NEGLIGENCE, 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