Creative NOMAN Jukebox 3, User Manual

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C re a t iv 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 . 5 , Ju l y 2 0 0 1
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 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.
The license under this Section 1 is conditioned upon your compliance with
all of your obligations under this Agreement. Creative grants to you the
right to use all or a portion of this Software provided that
(a) the Software is not distributed for profit;
(b) the Software is used only in conjunction with Creative's family of
products;
(c) the Software may NOT be modified;
(d) all copyright notices are maintained on the Software; and
(e) the licensee/end-user agrees to be bound by the terms of this
Agreement.
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
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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.
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.
11.For Software with CDDB features
This package includes applications which may contain software from
CDDB, Inc.of Berkeley California ("CDDB"). The software from CDDB
(the "CDDB Client") enables the 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 choose
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.