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
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.
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
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.
Safety & Regulatory Information
The following sections contain notices for various countries:
CAUTION: This device is intended to be installed by the user in a CSA/TUV/UL certified/listed IBM AT or compatible personal computers in the manufacturer’s defined operator access area. Check the equipment operating/installation manual and/or with the equipment manufacturer to verify/confirm if your equipment is suitable for
ATTENTION: Ce carte est destiné à être installé par l’utilisateur, dans un ordinateur compatible certifié CSA/TUV/UL ou listé IBM AT, à l’intérieur de la zone définie par le fabricant. Consulter le mode d’emploi ou le fabricant de l’appareil pour vérifier ou confirmer si l’utilisateur peut y installer
Notice for the USA
FCC Part 15: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, this notice is not a guarantee that interference will not occur in a particular installation. If this
equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try one or more of the following measures:
❑Reorient or relocate the receiving antenna.
❑Increase the distance between the equipment and receiver.
❑Connect the equipment to an outlet on a circuit different from that to which the receiver is connected.
❑Consult the dealer or an experienced radio/TV technician.
Caution
To comply with the limits for the Class B digital device, pursuant to Part 15 of the FCC Rules, this device must be installed in computer equipment certified to comply with the Class B limits.
All cables used to connect the computer and peripherals must be shielded and grounded. Operation with
Modifications
Any changes or modifications not expressly approved by the grantee of this device could void the user’s authority to operate the device.
Notice for Canada
This apparatus complies with the Class “B” limits for radio interference as specified in the Canadian Department of Communications Radio Interference Regulations.
Cet appareil est conforme aux normes de CLASSE “B” d’interference radio tel que spe’cifie’ par le Ministère Canadien des Communications dans les règlements d’interfe’rence radio.
Compliance
This product conforms to the following Council Directive:
❑Directive 89/336/EEC, 92/31/EEC (EMC)