User guide

Creative End-User Software License Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY 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 OPEN THE SEALED DISK PACKAGE, 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
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.
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
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.
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.
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.
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 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, error-free or free from malicious code. For purposes of this
paragraph, “malicious code” means any program code designed to
contaminate other computer programs or computer data, consume
computer resources, modify, destroy, record, or transmit data, or in some
other fashion usurp the normal operation of the computer, computer
system, or computer network, including viruses, Trojan horses, droppers,
worms, logic bombs, and the like.
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. CREATIVE IS NOT OBLIGATED TO
PROVIDE ANY UPDATES, UPGRADES OR TECHNICAL
SUPPORT FOR THE SOFTWARE.
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
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