Creative End-User
Software License
Agreement
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING 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, YOU MUST NOT 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 Cr eative 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 lim ited to, the executable programs, drivers, libraries and data files associated with such programs
(collectivel y, the “Soft w ar e”).
License
1. Grant of License
The Software is licensed, not sol d, 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 c ompute r with a s ingle CPU. You may transfer the machine -reada ble port ion of the Softwar e from one computer to anothe r computer, provided that (a) the
Software (including any portio n 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 tra nsmit all or any portion of the Software through any network or communication line.
4. One Archival Copy
You may make one (1) arc hival 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 orig inals of the Software.
5. No Merger or Integr ati o n
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 mer ged int o or int egrat ed with ano ther progr am, if any, will continue to be subject t o the terms and conditions of this Agreement, and you must reproduce on the merg ed
or integrated portion all copyri ght and other proprietary rights notices included in 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 Li ce nse
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 re tain any portion of the Software or any copy thereof, and (c) the
transferee reads and agrees to be bound by the te rms and conditions of this Agreement.
8. Limitations on Using, Copying, and Modifying the Software
Except to the extent express ly 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 Creativ e 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 under lying info rmati on that is not visib le to the
user in connection with norm al use of the Software. In any event, you will notify Creative of any information derived from rever se engineering o r such other activities, and the resu lts 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 prov ided by law. The provisions of this Agreement that protect the proprietary rights of Creative will continue in force afte r
termination.
Limited Warran ty
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 p erson is authori zed to e xpand or a lter t his warran ty or any othe r provis ions of thi s Agreement . Any re present ation , other than the warr anties set fo rth in thi s Agree ment, wi ll not bi nd
Creative.
Creative does not warrant that the functions contained in the Software will meet your requirements or that the o peration 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 MERCHANT ABILI TY 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 So ft war e. You also assume the entire risk as it appli es
to the quality and performance of the Software. Should the Software prove defective, you (and not Creative, or its distributors or dealers) assume the entir e cost of all necessary servicing, repair or correc tion.
This warranty gives you specific legal rights, and you may also have other rights which vary from country/state to country/stat e. 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/st ates do not all ow the li mita tion or ex clus ion of liabil it y for in ciden tal or co nsequ entia l da mages, s o the abo ve li mitati on
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 so ftware or assume all ris k of loss or damage in transit.