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. You may use the software for your
personal use only, and not for public performance
or for the creation of publicly displayed
videotapes.
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.
11.
For Software With CDDB Features
.
This package includes applications which may
contain software from CDDB, Inc.of Berkeley
California (“CDDB”). The software from CDDB
(the “CDDB Client”) enables the application to do
online disc identification and obtain music-related
information, including name, artist, track and title
information (“CDDB Data”) from online servers
(“CDDB Servers”) and to perform other
functions.
You agree that you will use CDDB Data, the
CDDB Client and CDDB Servers for your own
personal non-commercial use only. You agree not
to assign, copy, transfer or transmit the CDDB
Client or any CDDB Data to any third party. YOU
AGREE NOT TO USE OR EXPLOIT CDDB
DATA, THE CDDB CLIENT,OR CDDB
SERVERS,EXCEPT AS EXPRESSLY
PERMITTED HEREIN.
You agree that your non-exclusive license to use
the CDDB Data, the CDDB Client and CDDB
Servers will terminate if you violate these
restrictions. If your license terminates, you agree
to cease any and all use of the CDDB Data, the
CDDB Client and CDDB Servers. CDDB
reserves all rights in CDDB Data, the CDDB
Client and the CDDB Servers, including all
ownership rights.
You agree that CDDB, Inc. may enforce its rights
under this Agreement against you directly in its
own name.
The CDDB Client and each item of CDDB Data
are licensed to you “AS IS.” CDDB makes no
representations or warranties, express or implied,
regarding the accuracy of any CDDB Data from in
the CDDB Servers. CDDB reserves the right to
delete data from the CDDB Servers or to change
data categories for any cause that CDDB deems
sufficient. No warranty is made that the CDDB
Client or CDDB Servers are error-free or that
functioning of CDDB Client or CDDB Servers
will be uninterrupted. CDDB is not obligated to
provide you with any new enhanced or additional
data types or categories that CDDB may choose to
provide in the future.
CDDB DISCLAIMS ALL WARRANTIES
EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT. CDDB does not warrant the
results that will be obtained by your use of the
CDDB Client or any CDDB Server. IN NO CASE
WILL CDDB BE LIABLE FOR ANY
CONSEQUENTIAL OR INCIDENTIAL
DAMAGES OR FOR ANY LOST PROFITS, OR
LOST REVENUES. “CDDB, INC. D/B/A
GRACENOTE IS A THIRD PARTY
BENEFICIARY HEREUNDER AND MAY
ENFORCE ITS RIGHTS AGAINST YOU TO
THE SAME EXTENT AS IF IT WERE A
PARTY TO THIS AGREEMENT”.
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
