Creative
Version 2.4, June 2000
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 FULL 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”).
LICENSE
1.Grant of License
The 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.
2.For Use on a Single Computer
The Software may be used only on a single computer by a single user at any time. You may transfer the
3.Stand-Alone Basis
You may use the Software only on a
4.Copyright
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 Copy
You may make one (1) archival copy of the
6.No Merger or Integration
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 Version
If 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 License
You 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 Software Except 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 sub- license any of your rights under this Agreement. You may use the Software for your personal use only, and not for public performance or for the creation of publicly displayed videotapes.
10.Decompiling, Disassembling, or Reverse Engineering You acknowledge that the Software contains trade secrets and other proprietary information of Creative and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software.
11.For Software with CDDB features
This package contains software from CDDB, Inc.of Berkeley California ("CDDB"). The software from CDDB (the "CDDB Client") enables this application to do online disc identification and obtain
Servers") and to perform other functions.
You agree that you will use CDDB Data, the CDDB Client and CDDB Servers for your own personal
The CDDB Client and each item of CDDB Data are licensed to you "AS IS." CDDB makes no representations or warranties, express or implied, regarding the accuracy of any CDDB Data from in the CDDB Servers. CDDB reserves the right to delete data from the CDDB Servers or to change data categories for any cause that CDDB deems sufficient. No warranty is made that the CDDB Client or CDDB Servers are
CDDB DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. CDDB does not warrant the results that will be obtained by your use of the CDDB Client or any CDDB Server. IN NO CASE WILL CDDB BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTIAL DAMAGES OR FOR ANY LOST PROFITS, OR LOST REVENUES.
In particular, 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 hardcopy 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 below. Upon receiving such a request, Creative shall
