End User License Agreement
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 RCA Player (the Player) contains software licensed from Microsoft that enables you to play Windows Media Audio (WMA) files (ÒWMA SoftwareÓ).The WMA Software is licensed to you for use with the RCA/THOMSON Portable Audio Device digital music player under the following conditions. By installing and using this version of the 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 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 Player containing the WMA Software only with the Portable Audio 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 Player only as part of a sale or transfer of your Portable Audio Device player, on the condition that the recipient agrees to the conditions in this End User License Agreement. If the version of the Player that you are transferring is an upgrade, you must also transfer all prior versions of the 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 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 Player.
Content providers are using the digital rights management technology for Windows Media contained in this device (ÔWM- DRMÕ) 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
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 PARTYÕS 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 PARTYÕS SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.
GOVERNING LAW
This Agreement is governed by the laws of the State of Indiana, U.S.A. without regard to its conflict of laws.
GENERAL TERMS
This Agreement can only be modified by a written agreement signed by you and Thomson, and changes from the terms and conditions of this Agreement made in any other manner will be of no effect. If any portion of this Agreement shall be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of the Agreement shall not in any way be affected or impaired thereby. This Agreement is the complete and exclusive statement of the agreement between you and Thomson, which supersedes all proposals or prior agreements, oral or written, and all other communications between you and Thomson, relating to the subject matter of this Agreement.
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