C re a t i v e E n d - U s e r S o f t w a re L i c e n s e A g re e m e n t
V e r s i o n 2 . 0 , J u n e 1 9 9 8
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 only on a single computer by a single user
at any time. 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. Copyright
The Software is owned by Creative and/or its licensees 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.
5. 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.
6. 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.
7. 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”.
8. 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.
9. 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.
10. 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 particular, 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 hardcopy 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.
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, 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. 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. 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.
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