Further, Creative shall not be liable for the accuracy of any
information provided by Creative or third party technical support
personnel, or any damages caused, either directly or indirectly, by acts
taken or omissions made by you as a result of such technical support.
You assume full responsibility for the selection of the Software to
achieve your intended results, and 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 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.
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