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,
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