Ownership Rights

Important Information

All title and intellectual property rights in and to the Program and any copies thereof are owned by Thomson 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.

LIMITATION OF LIABILITY

a)TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THOMSON, ITS AFFILIATES, 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 THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF THOMSON 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.

WINDOWS MEDIA

This version of the Lyra Audio/Video Device Player (“Lyra Player”) 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 the RCA/THOMSON Portable Audio/Video Device digital music player under the following conditions. By installing and using this version of the Lyra Player, you are agreeing to these conditions. IF YOU DO NOT AGREE TO THE CONDITIONS OF THIS END USER LICENSE AGREEMENT, DO NOT INSTALL OR USE THIS VERSION OF THE Lyra Player.

The WMA Software is protected by copyright and other intellectual property laws. This protection also extends to documentation for the WMA Software, whether in written or electronic form.

GRANT OF LICENSE. The WMA Software is only licensed to you as follows:

You may use this version of the Lyra Player containing the WMA Software only with the Portable Audio/Video Device player.

You may not reverse engineer, decompile, or disassemble the WMA Software, except and only to the extent that such activity is expressly permitted by applicable law in spite of this limitation.

You may transfer your right to use this version of the Lyra Player only as part of a sale or transfer of your Portable Audio/Video Device player, on the condition that the recipient agrees to the conditions in this End User License Agreement. If the version of the Lyra Player that you are transferring is an upgrade, you must also transfer all prior versions of the Lyra Player that you have which include the WMA Software.

MICROSOFT IS NOT PROVIDING ANY WARRANTY OF ANY KIND TO YOU FOR THE WMA SOFTWARE, AND MICROSOFT MAKES NO REPRESENTATION CONCERNING THE OPERABILITY OF THE WMA SOFTWARE.

The WMA Software is of U.S. origin. Any export of this version of the Lyra Player must comply with all applicable international and national laws, including the U.S. Export Administration Regulations, that apply to the WMA Software incorporated in the Lyra Player.

Content providers are using the digital rights management technology for Windows Media contained in this device (“WM-DRM”) to protect the integrity of their content (“Secure Content”) so that their intellectual property, including copyright, in such content is not misappropriated. This device uses WM-DRM software to play Secure Content (“WM-DRM Software”). If the security of the WM-DRM Software in this device has been compromised, owners of Secure Content (“Secure Content Owners”) may request that Microsoft revoke the WM-DRM Software’s right to acquire new licenses to copy, display and/or play Secure Content. Revocation does not alter the WM-DRM Software’s ability to play unprotected content. A list of revoked WM-DRM Software is sent to your device whenever you download a license for Secure Content from the Internet or from a PC. Microsoft may, in conjunction with such license, also download revocation lists onto your device on behalf of Secure Content Owners.

THIRD PARTY SOFTWARE

ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE PROGRAM IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY’S LICENSE AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE APPROPRIATE FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. THOMSON IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.