Creative End-User
Software License
Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU MUST NOT 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.
