PDP2548_56 EN budphones 12/6/04 9:34 AM Page 6

End User License Agreement

End User License Agreement

EN

LIMITATION OF LIABILITY

WINDOWS MEDIA

The WMA Software is protected by copyright and other intellectual property

MICROSOFT IS NOT PROVIDING ANY

EN

WARRANTY OF ANY KIND TO YOU FOR

 

a)TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THOMSON, ITS AFFILIATES, OR ITS DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, EVEN IF THOMSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

b)YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE APPROPRIATE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED.

This version of the Lyra Personal Digital Player ("Lyra Player") contains software licensed from Microsoft that enables you to play Windows Media Audio (WMA) files ("WMA Software"). 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 Lyra 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 Lyra Player.

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 Lyra 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 Lyra 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 Lyra Player that you are transferring is an upgrade, you must also transfer all prior versions of the Lyra Player that you have which include the WMA Software.

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 Lyra 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 Lyra Player.

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Technicolor - Thomson PDP2548 user service Limitation of Liability Windows Media, WMA Software