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.
. . . . TEXT CONTINUED FROM INSIDE FRONT COVER.
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.
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