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 you agree that Creative will not have any liability for 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. This Agreement 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
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 (“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.
Nothing in this Agreement shall be construed on the part of Creative as advocating or authorising the infringement of local and/or international laws applicable to your jurisdiction
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
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