C re a t i v e 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 . 3 , J a n u a r y 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 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,
