C re a t i ve 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
Ve r s i o n 2 . 4 , Ju n e 2 0 0 0
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING AND 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 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. 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.
11.
For Software with CDDB features
This package contains software from CDDB, Inc.of Berkeley
California ("CDDB"). The software from CDDB (the "CDDB
Client") enables this 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 chose 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.
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
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