PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING AND 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 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 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”).
LICENSE1.Grant of LicenseThe 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.
The license under this Section 1 is conditioned upon your compliance with all of your obligations under this Agreement. Creative grants to you the right to use all or a portion of this Software provided that
(a)the Software is not distributed for profit;(b)the Software is used only in conjunction with Creative's family of products;(c)the Software may NOT be modified;(d)all copyright notices are maintained on the Software; and(e)theThe Software may be used only on a single computer by a single user at any time. You may transfer the
(b)there is no possibility that the Software will be used on more than one computer at a time.
3.You may use the Software only on a
The Software is owned by Creative and/or its licensees 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 CopyYou may make one (1) archival copy of the
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 VersionIf 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 LicenseYou 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 SoftwareExcept 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