1.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.
In any event, you will notify Creative of any information derived from reverse engineering or such other activities, and the results thereof will constitute the confidential information of Creative that may be used only in connection with the Software.
TERMINATION
The license granted to you is effective until terminated. You may terminate it at any time by returning the Software (including any portions or copies thereof) to Creative. The license will also terminate automatically without any notice from Creative if you fail to comply with any term or condition of this Agreement. You agree upon such termination to return the Software (including any portions or copies thereof) to Creative. Upon termination, Creative may also enforce any rights provided by law. The provisions of this Agreement that protect the proprietary rights of Creative will continue in force after termination.
LIMITED WARRANTY
Creative warrants, as the sole warranty, that the disks on which the Software is furnished will be free of defects, as set forth in the Warranty Card or printed manual included with the Software. No distributor, dealer or any other entity or person is authorized to expand or alter this warranty or any other provisions of this Agreement. Any representation, other than the warranties set forth in this Agreement, will not bind Creative.
Creative does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted,
AS STATED ABOVE IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED
Further, Creative shall not be liable for the accuracy of any information provided by Creative or third party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support.
You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results
obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not Creative, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.
This warranty gives you specific legal rights, and you may also have other rights which vary from country/state to country/state. Some countries/states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Creative disclaims all warranties of any kind if the Software was customized, repackaged or altered in any way by any third party other than Creative.
LIMITATION OF REMEDIES AND DAMAGES
THE ONLY REMEDY FOR BREACH OF WARRANTY WILL BE THAT SET FORTH IN THE WARRANTY CARD OR PRINTED MANUAL INCLUDED WITH THE SOFTWARE. IN NO EVENT WILL CREATIVE OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUES OR LOST DATA ARISING FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF CREATIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CREATIVE’S LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
Some countries/states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
PRODUCT RETURNS
If you must ship the software to Creative or an authorized Creative distributor or dealer, you must prepay shipping and either insure the software or assume all risk of loss or damage in transit.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227- 7013. If you are
CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
Creative Technology Ltd
31, International Business Park
Creative Resource
Singapore 609921
GENERAL
This Agreement is binding on you as well as your 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 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 (WINDOWS 95)
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 identified above (“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.
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
