EN
End User License Agreement
IMPORTANT: READ CAREFULLY BEFORE
DOWNLOADING OR INSTALLING THIS SOFTWARE!
THIS END USER LICENSE AGREEMENT (THIS “EULA”) IS A
LEGAL AGREEMENT BETWEEN YOU AND THOMSON INC.,
OR ANY THOMSON GROUP ENTITY, AS DEFINED BELOW
(COLLECTIVELY “THOMSON ENTITY”), FOR THE RCA OR
THOMSON BRANDED PORTABLE DIGITAL AUDIO/VIDEO
DEVICE APPLICATION/DRIVER SOFTWARE PROGRAM 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. 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 license (i) to use
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 Thomson/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 THOMSON Entity 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 THOMSON Entity 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; or (iii) copy
the Program, except as expressly permitted herein. 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.rca.com (if purchased in the United States) and
www.thomson-lyra.com (if purchased in Europe).
(d) THOMSON Entity 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 THOMSON Entity.
(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.
4. WARRANTY DISCLAIMER
THE PROGRAM IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU.
SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND
NOT THOMSON ENTITY, ITS SUPPLIERS, OR ITS DEALERS)
ASSUME THE ENTIRE COST FOR ALL NECESSARY REPAIR
OR CORRECTION.
