IMPORTANT: READ CAREFULLY BEFORE DOWNLOADING OR
INSTALLING THIS SOFTWARE!
THIS END USER LICENSE AGREEMENT (THIS “EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND THOMSON INC., OR ANY THOMSON GROUP ENTITY, AS DEFINED BELOW (COLLECTIVELY “THOMSON ENTITY”), FOR THE RCA OR THOMSON BRANDED PORTABLE DIGITAL AUDIO/VIDEO DEVICE APPLICATION/DRIVER SOFTWARE PROGRAM AND ASSOCIATED DOCUMENTATION, IF ANY (COLLECTIVELY, THE “PROGRAM”). THIS EULA CONTAINS IMPORTANT LEGAL LIMITATIONS, RESTRICTIONS AND DISCLAIMERS, AND ALSO SPECIFIES THE DURATION OF YOUR LICENSE.
BY INSTALLING THE PROGRAM OR CLICKING ON THE ACCEPTANCE BUTTON OF THE PROGRAM, COPYING OR OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU MAY USE THE PROGRAM ONLY IN ACCORDANCE WITH THIS EULA, AND ANY SUCH USE IS HEREBY UNDERSTOOD TO BE CONDITIONAL UPON YOUR SPECIFIC AGREEMENT TO THE UNMODIFIED TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS EULA, CLICK ON THE REJECTION BUTTON AND/OR DO NOT INSTALL THE PROGRAM AND/OR DO NOT USE THE PROGRAM.
1. LICENSE
(a)Under this EULA, you are granted a license (i) to use the Program on a single workstation, and (ii) to make one (1) copy of the Program into any machine-readable form for backup of the Program, provided the copy contains all of the original Program's proprietary notices.
(b)You may transfer the Program and license to another party only as a part of the Thomson/RCA branded Portable Digital Audio/Video Device (“A/V Device”), and only if the other party agrees to accept the terms and conditions of this EULA. If you transfer the Program, you must at the same time either transfer all copies to the same party or destroy any copies not transferred.
(c)The terms of this EULA will govern any software upgrades or updates provided by THOMSON Entity that replace and/or supplement the original Program, unless such upgrade or update is accompanied by separate license terms and conditions in which case the terms of that separate license will govern. You acknowledge and agree that THOMSON Entity may automatically download upgrades or updates to the Program software to your computer in order to update, enhance, and/or further develop the Program.
2. LICENSE RESTRICTIONS
(a)Except for the licenses expressly granted to you in this EULA, no other licenses or rights are granted or implied.
(b)You may not (i) make the Program available over a network where it
could be used by multiple computers at the same time; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law), or create derivative works based upon the Program; or (iii) copy the Program, except as expressly permitted herein. You agree that you shall only use the Program in a manner that complies with all applicable laws in the jurisdictions in which you use the Program, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
(c)The Program may contain pre-release code that does not perform at the level of a final code release. In such case, the Program may not operate properly. Updated versions of the Program may be downloaded from www.rca.com (if purchased in the United States) and www.thomsonlink.com (if purchased in Europe).
(d)THOMSON Entity is not obligated to provide support services for the Program.
(e)The Program is provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of DFARS 252.227-7013, or FAR 52.227-19, or in FAR 52.227-14 Alt. III, as applicable.
3. TERM AND TERMINATION
(a)Your license is effective on the date you accept this EULA and remains in effect until this EULA is terminated by either party.
(b)You may terminate this EULA and the associated license, without any notice or delay, by destroying or permanently erasing the Program and all copies thereof.
(c)If you fail to comply with any of the terms of this EULA, in whole or part, your license will automatically terminate without notice from THOMSON Entity.
(d)Upon termination of this EULA and your associated license, you shall cease all use of the Program and destroy or permanently erase the Program and all full or partial copies thereof.
4. WARRANTY DISCLAIMER
THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT THOMSON ENTITY, ITS SUPPLIERS, OR ITS DEALERS) ASSUME THE ENTIRE COST FOR ALL NECESSARY REPAIR OR CORRECTION.
This exclusion of warranty may not be allowed under some applicable laws. As a result, the above exclusion may not apply to you, and you may have other rights depending on the law that applies to you.
5. OWNERSHIP RIGHTS
All title and intellectual property rights in and to the Program and any copies thereof are owned by THOMSON Entity or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Program is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license grants you no rights to use such content.
6. LIMITATION OF LIABILITY
(a)TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THOMSON ENTITY, OR ITS DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT, OR NEGLIGENCE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF THOMSON ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b)YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE APPROPRIATE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED.
7. WINDOWS MEDIA
The software embedded within your A/V Device (the “Device Firmware”) contains software licensed from Microsoft that enables you to play Windows Media Audio (WMA) files (“WMA Software”). The WMA Software is licensed to you for use with your A/V Device under the following conditions. By installing and using this version of the Device Firmware, you are agreeing to these conditions. IF YOU DO NOT AGREE TO THE END USER CONDITIONS OF THIS SECTION 7, DO NOT INSTALL OR USE THIS VERSION OF THE DEVICE FIRMWARE.
