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 to obtain such information, and you agree to request such
information from Creative at the address listed earlier. 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.
LIMITED WARRANTY
EXCEPT AS STATED EARLIER IN THIS AGREEMENT, AND AS PROVIDED
UNDER THE HEADING “STATUTORY RIGHTS”, THE SOFTWARE IS
PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF REMEDY AND DAMAGES
THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE SOFTWARE
LICENSE AGREEMENT SHALL NOT APPLY TO PERSONAL INJURY
(INCLUDING DEATH) TO ANY PERSON CAUSED BY CREATIVE’S
NEGLIGENCE AND ARE SUBJECT TO THE PROVISION SET OUT UNDER
THE HEADING “STATUTORY RIGHTS”.
STATUTORY RIGHTS
Irish law provides that certain conditions and warranties may be implied in contracts
for the sale of goods and in contracts for the supply of services. Such conditions and
warranties are hereby excluded, to the extent such exclusion, in the context of this
transaction, is lawful under Irish law. Conversely, such conditions and warranties,
insofar as they may not be lawfully excluded, shall apply.
Accordingly nothing in this Agreement shall prejudice any rights that you may enjoy
by virtue of Sections 12, 13, 14 or 15 of the Irish Sale of Goods Act 1893 (as amended).
GENERAL
This Agreement is governed by the laws of the Republic of Ireland. The local language
version of this agreement shall apply to Software acquired in the EU. This Agreement
is the entire agreement between us, and you agree that Creative will not have any
liability for any untrue statement or representation made by it, its agents or anyone else
(whether innocently or negligently) upon which you relied upon entering this
Agreement, unless such untrue statement or representation was made fraudulently.
L I M I T E D H A R D WA R E WA R R A N T Y
Creative Labs warrants that the product
enclosed herein to be free of defects for a period
of ninety (90) days from the date of purchase. In
the event of a defect in material or workmanship
during the warranty period, Creative Labs, at its
discretion, will repair or replace the defective
product when the defective product is returned
to Creative Labs by the owner. The remedy for
this breach of warranty is limited to servicing or
replacement only and shall not cover any other
damages, including but not limited to the loss of
profit, special, incidental, consequential, and
other claims.
Creative Labs specifically disclaims all other
warranties, expressed or implied, including but
not limited to implied warranties of
merchantability and fitness for a particular
purpose with respect to the defects of the
products and the program license granted herein.
With respect to the use of this product, in no
event shall Creative Labs be liable for any loss
of profit or any commercial damage, including
but not limited to special, incidental,
consequential, or other damages. Some states/
countries do not allow the exclusion of
limitation of liability for consequential or
incidental damages, in which case the above
limitation may not apply to you.
If the product is found to be defective, Creative
Labs, at its option, agrees to replace or repair the
product at no charge except as stated below,
provided that you deliver the product with a
return material authorization (RMA) number
and a dated proof of purchase. If you ship the
product to Creative Labs, you must assume the
risk of damage or loss in profit. You must use the
original container (or the equivalent) and pay the
shipping charge.
Creative Labs may replace or repair the product
with new or reconditioned parts, and the
replaced parts or product become the property of
Creative Labs. Creative Labs warrants the
repaired or replaced product to be free from
defects in material and workmanship for a
period of ninety (90) days from the return
shipping date.
Before returning any product, contact Creative
Labs' Technical Support (for telephone numbers
and addresses, see the Technical Support section
of this document). If Creative Labs Technical
Support verifies that the product is defective, the
Return Authorization Department will issue an
RMA number to place on the outer package of
the product. Creative Labs cannot accept any
product that does not include an RMA number
on the package.
