User guide

Creative End-User Software License Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE OPENING THE SEALED DISK PACKAGE OR INSTALLING THE SOFTWARE. BY
OPENING THE SEALED DISK PACKAGE OR INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS
OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT OPEN THE SEALED DISK
PACKAGE OR INSTALL 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 by you only on a single computer with a single
CPU. You may transfer the machine-readable portion of the Software
from one computer to another computer, provided that (a) the Software
(including any portion or copy thereof) is erased from the first computer
and (b) there is no possibility that the Software will be used on more than
one computer at a time.
3. Stand-Alone Basis
You may use the Software only on a stand-alone basis, such that the
Software and the functions it provides are accessible only to persons who
are physically present at the location of the computer on which the
Software is loaded. You may not allow the Software or its functions to
be accessed remotely, or transmit all or any portion of the Software
through any network or communication line.
4. One Archival Copy
You may make one (1) archival copy of the machine-readable portion of
the Software for backup purposes only in support of your use of the
Software on a single computer, provided that you reproduce on the copy
all copyright and other proprietary rights notices included on the
originals of the Software.
5. 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 on the
originals of the Software.
6. 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”.
7. 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.
8. 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.
9. 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. 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 or error-free. EXCEPT AS STATED ABOVE IN THIS
AGREEMENT, THE SOFTWARE IS PROVIDED AS-IS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
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
sub-licensing or using the Software outside of the United States, you will
comply with the applicable local laws of your country, U.S. export control
law, and the English version of this Agreement.
CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
Creative Technology Ltd
67 Ayer Rajah Crescent #03-18
Singapore 139950
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 centre nearest
you.