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.
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 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
(WINDOWS 95)
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 identified above
(“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.
