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.
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
