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End user license agreement
End user license agreement
THIS END USER LICENSE AGREEMENT (THIS “EULA”) IS A
LEGAL AGREEMENT BETWEEN YOU AND AUDIOVOX
CORPORATION AND, AS APPLICABLE, ANY AUDIOVOX
SUBSIDIARY, AS DEFINED BELOW (COLLECTIVELY
“AUDIOVOX”), FOR THE RCA BRANDED PORTABLE DIGITAL
AUDIO/VIDEO DEVICE APPLICATION/DRIVER SOFTWARE
PROGRAM WHICH MAY INCLUDE ASSOCIATED SOFTWARE
COMPONENTS, SOFTWARE LICENSED BY AUDIOVOX
FROM THIRD PARTIES (“LICENSORS”) AND ASSOCIATED
DOCUMENTATION, IF ANY (COLLECTIVELY, THE
“PROGRAM”). THIS EULA CONTAINS IMPORTANT LEGAL
LIMITATIONS, RESTRICTIONS AND DISCLAIMERS, AND
ALSO SPECIFIES THE DURATION OF YOUR LICENSE.
BY INSTALLING THE PROGRAM OR CLICKING ON THE
ACCEPTANCE BUTTON OF THE PROGRAM, COPYING OR
OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE
AND AGREE THAT YOU HAVE READ THIS EULA,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS. THIS PROGRAM IS PROTECTED
BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT
TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY
LAWS AND TREATIES. YOU MAY USE THE PROGRAM ONLY
IN ACCORDANCE WITH THIS EULA, AND ANY SUCH USE IS
HEREBY UNDERSTOOD TO BE CONDITIONAL UPON YOUR
SPECIFIC AGREEMENT TO THE UNMODIFIED TERMS SET
FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE
TERMS OF THIS EULA, CLICK ON THE REJECTION BUTTON
AND/OR DO NOT INSTALL THE PROGRAM AND/OR DO
NOT USE THE PROGRAM.
1. LICENSE
(a) Under this EULA, you are granted a non-exclusive,
non-sublicenseable, non-assignable and non-
transferable (except as expressly set forth below)
license (i) to use and install the Program on a single
workstation, and (ii) to make one (1) copy of the
Program into any machine-readable form for backup
of the Program, provided the copy contains all of the
original Program's proprietary notices.
(b) You may transfer the Program and license to another
party only as a part of the RCA branded Portable
Digital Audio/Video Device (“A/V Device”), and only if
the other party agrees to accept the terms and
conditions of this EULA. If you transfer the Program,
you must at the same time either transfer all copies
to the same party or destroy any copies not
transferred.
(c) The terms of this EULA will govern any software
upgrades or updates provided by AUDIOVOX that
replace and/or supplement the original Program,
unless such upgrade or update is accompanied by
separate license terms and conditions in which case
the terms of that separate license will govern. You
acknowledge and agree that AUDIOVOX may
automatically download upgrades or updates to the
Program software to your computer in order to
update, enhance, and/or further develop the
Program.
2. LICENSE RESTRICTIONS
(a) Except for the licenses expressly granted to you in
this EULA, no other licenses or rights are granted or
implied.
(b) You may not (i) make the Program available over a
network where it could be used by multiple
computers at the same time; (ii) modify, translate,
reverse engineer, decompile, disassemble (except to
the extent that this restriction is expressly prohibited
by law), or create derivative works based upon the
Program; (iii) copy the Program, except as expressly
permitted herein; (iv) remove or alter any copyright
notices on all copies of the Program; or (v) rent, lease
or lend the Program. You agree that you shall only
use the Program in a manner that complies with all
applicable laws in the jurisdictions in which you use
the Program, including, but not limited to, applicable
restrictions concerning copyright and other
intellectual property rights.
(c) The Program may contain pre-release code that does
not perform at the level of a final code release. In
such case, the Program may not operate properly.
Updated versions of the Program may be downloaded
from www.rcaaudiovideo.com/downloads
(d) AUDIOVOX is not obligated to provide support
services for the Program.
(e) The Program is provided with “RESTRICTED RIGHTS”.
Use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of DFARS 252.227-7013, or FAR 52.227-19, or
in FAR 52.227-14 Alt. III, as applicable.
3. TERM AND TERMINATION
(a) Your license is effective on the date you accept this
EULA and remains in effect until this EULA is
terminated by either party.
(b) You may terminate this EULA and the associated
license, without any notice or delay, by destroying or
permanently erasing the Program and all copies
thereof.
(c) If you fail to comply with any of the terms of this
EULA, in whole or part, your license will automatically
terminate without notice from AUDIOVOX.
(d) Upon termination of this EULA and your associated
license, you shall cease all use of the Program and
destroy or permanently erase the Program and all full
or partial copies thereof.
