26 Graphics Blaster RIVA TNT2 Value Installation Guide
C re a t i v 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 . 0 , Ju n e 1 9 9 8
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY 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 OPEN THE SEALED DISK PACKAGE, 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 FULL 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.
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 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 Agreement.
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.
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.
TERMINATION
The license granted to you is effective until terminated. You may terminate it at
any time by returning the Software (including any portions or copies thereof) to
Creative. The license will also terminate automatically without any notice from
Creative if you fail to comply with any term or condition of this Agreement. You
agree upon such termination to return the Software (including any portions or
copies thereof) to Creative. Upon termination, Creative may also enforce any
rights provided by law. The provisions of this Agreement that protect the
proprietary rights of Creative will continue in force after termination.
LIMITED WARRANTY
Creative warrants, as the sole warranty, that the disks on which the Software is
furnished will be free of defects, as set forth in the Warranty Card or printed manual
included with the Software. No distributor, dealer or any other entity or person is
authorized to expand or alter this warranty or any other provisions of this
Agreement. Any representation, other than the warranties set forth in this
Agreement, will not bind Creative.
Creative does not warrant that the functions contained in the Software will meet
your requirements or that the operation of the Software will be uninterrupted, error-
free or free from malicious code. For purposes of this paragraph, “malicious code”
means any program code designed to contaminate other computer programs or
computer data, consume computer resources, modify, destroy, record, or transmit
data, or in some other fashion usurp the normal operation of the computer,
computer system, or computer network, including viruses, Trojan horses, droppers,
worms, logic bombs, and the like. EXCEPT AS STATED ABOVE IN THIS
AGREEMENT, THE SOFTWARE IS PROVIDED AS-IS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
CREATIVE IS NOT OBLIGATED TO PROVIDE ANY UPDATES,
UPGRADES OR TECHNICAL SUPPORT FOR THE SOFTWARE.
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.
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