1. 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 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.
SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN
UNION
IF YOU ACQUIRED THE SOFTWARE IN THE EUROPEAN
UNION (EU), THE FOLLOWING PROVISIONS ALSO APPLY
TO YOU. IF THERE IS ANY INCONSISTENCY BETWEEN THE
TERMS OF THE SOFTWARE LICENSE AGREEMENT SET OUT
EARLIER AND IN THE FOLLOWING PROVISIONS, THE
FOLLOWING PROVISIONS SHALL TAKE PRECEDENCE.
DECOMPILATION
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 hard
copy 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
