Intel、及び Pentium は Intel Corp. の登録商標です。
Microsoft、Windows、及び Windows ロゴは Microsoft Corp. の登録商標です。
その他の製品名や社名、ロゴマークは該当する各社の登録商標、又は、商標です。
DigMP3.book ii ページ 2002年4月11日 木曜日 午前11時1分
Creative End-User Software License Agreement
Version 2.5, July 2001
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING AND 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 INSTALL OR USE THE SOFTWARE. PROMPTLY RETURN, WITHIN 15
DAYS, THE SOFTWARE, ALL RELATED DOCUMENTATION AND ACCOMPANYING ITEMS TO THE PLACE OF
ACQUISITION FORA 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.
The license under this Section 1 is conditioned upon your
compliance with all of your obligations under this Agreement.
Creative grants to you the right to use all or a portion of this
Software provided that
(a) the Software is not distributed for profit;
(b) the Software is used only in conjunction with Creative's
family of products;
(c) the Software may NOT be modified;
(d) all copyright notices are maintained on the Software; and
(e) the licensee/end-user agrees to be bound by the terms of
this Agreement.
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.
You may use the Software for your personal use only, and not
for public performance or for the creation of publicly
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displayed videotapes.
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.
11.For Software with CDDB features
This package includes applications which may contain
software from CDDB, Inc.of Berkeley California ("CDDB").
The software from CDDB (the "CDDB Client") enables the
application to do online disc identification and obtain musicrelated information, including name, artist, track and title
information ("CDDB Data") from online servers ("CDDB
Servers") and to perform other functions.
You agree that you will use CDDB Data, the CDDB Client and
CDDB Servers for your own personal non-commercial use
only. You agree not to assign, copy, transfer or transmit the
CDDB Client or any CDDB Data to any third party. YOU
AGREE NOT TO USE OR EXPLOIT CDDB DATA, THE
CDDB CLIENT, OR CDDB SERVERS, EXCEPT AS
EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the CDDB
Data, the CDDB Client and CDDB Servers will terminate if
you violate these restrictions. If your license terminates, you
agree to cease any and all use of the CDDB Data, the CDDB
Client and CDDB Servers. CDDB reserves all rights in CDDB
Data, the CDDB Client and the CDDB Servers, including all
ownership rights. You agree that CDDB, Inc. may enforce its
rights under this Agreement against you directly in its own
name.
The CDDB Client and each item of CDDB Data are licensed
to you "AS-IS." CDDB makes no representations or
warranties, express or implied, regarding the accuracy of any
CDDB Data from in the CDDB Servers. CDDB reserves the
right to delete data from the CDDB Servers or to change data
categories for any cause that CDDB deems sufficient. No
warranty is made that the CDDB Client or CDDB Servers are
error-free or that functioning of CDDB Client or CDDB
Servers will be uninterrupted. CDDB is not obligated to
provide you with any new enhanced or additional data types or
categories that CDDB may chooseto provide in the future.
CDDB DISCLAIMS ALL WARRANTIES EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. CDDB does not warrant the results
that will be obtained by your use of the CDDB Client or any
CDDB Server. IN NO CASE WILL CDDB BE LIABLE FOR
ANY CONSEQUENTIAL OR INCIDENTIAL DAMAGES,
OR FOR ANY LOST PROFITS, OR LOST REVENUES.
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.
INDEMNIFICATION BY YOU
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If you distribute the Software in violation of this Agreement, you
hereby indemnify, hold harmless and defend Creative from and
against any and all claims or lawsuits, including attorney's fees
and costs that arise, result from or are connected with the use or
distribution of the Software in violation of this Agreement.
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 ORFITNESS 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 any and 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
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, LOSS OF USE, 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:
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 you agree that Creative will not have any liability for any
untrue statement or representation made by it, its agents or
anyone else (whether innocently or negligently) upon which you
relied upon entering this Agreement, unless such untrue statement
or representation was made fraudulently. This Agreement
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 center nearest you.
ADDENDUM TO THE MICROSOFT SOFTWARE
LICENSE AGREEMENT
Creative Technology Ltd
31, International Business Park
Creative Resource
Singapore 609921
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IMPORTANT: By using the Microsoft software files (the
“Microsoft Software”) provided with this Addendum, you are
agreeing to be bound by the following terms. If you do not agree
to be bound by these terms, you may not use the Microsoft
Software.
The Microsoft Software is provided for the sole purpose of
replacing the corresponding files provided with a previously
licensed copy of the Microsoft software product (“ORIGINAL
PRODUCT”). Upon installation, the Microsoft Software files
become part of the ORIGINAL PRODUCT and are subject to the
same warranty and license terms and conditions as the
ORIGINAL PRODUCT. If you do not have a valid license to use
the ORIGINAL PRODUCT, you may not use the Microsoft
Software. Any other use of the Microsoft Software is prohibited.
Nothing in this Agreement shall be construed on the part of
Creative as advocating or authorising the infringement of local
and/or international laws applicable to your jurisdiction.
SPECIAL PROVISIONS APPLICABLE TO THE
EUROPEAN UNION
IF YOU ACQUIRED THE SOFTWARE IN THE EUROPEAN
UNION (EU), THE FOLLOWING PROVISIONS ALSO
APPLY TO YOU. IF THERE IS ANY INCONSISTENCY
BETWEEN THE TERMS OF THE SOFTWARE LICENSE
AGREEMENT SET OUT EARLIER AND IN THE
FOLLOWING PROVISIONS, THE FOLLOWING
PROVISIONS SHALL TAKE PRECEDENCE.
DECOMPILATION
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
hard copy 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 earlier. 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.
LIMITED WARRANTY
EXCEPT AS STATED EARLIER IN THIS AGREEMENT,
AND AS PROVIDED UNDER THE HEADING “STATUTORY
RIGHTS”, THE SOFTWARE IS PROVIDED AS-IS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, QUALITY OR FITNESS FOR A
PARTICULAR PURPOSE.
LIMITATION OF REMEDY AND DAMAGES
THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE
SOFTWARE LICENSE AGREEMENT SHALL NOT APPLY
TO PERSONAL INJURY (INCLUDING DEATH) TO ANY
PERSON CAUSED BY CREATIVE’S NEGLIGENCE AND
ARE SUBJECT TO THE PROVISION SET OUT UNDER THE
HEADING “STATUTORY RIGHTS”.
STATUTORY RIGHTS
Irish law provides that certain conditions and warranties may be
implied in contracts for the sale of goods and in contracts for the
supply of services. Such conditions and warranties are hereby
excluded, to the extent such exclusion, in the context of this
transaction, is lawful under Irish law. Conversely, such conditions
and warranties, insofar as they may not be lawfully excluded,
shall apply.
Accordingly nothing in this Agreement shall prejudice any rights
that you may enjoy by virtue of Sections 12, 13, 14 or 15 of the
Irish Sale of Goods Act 1893 (as amended).
GENERAL
This Agreement is governed by the laws of the Republic of
Ireland. The local language version of this agreement shall apply
to Software acquired in the EU. This Agreement is the entire
agreement between us, and you agree that Creative will not have
any liability for any untrue statement or representation made by
it, its agents or anyone else (whether innocently or negligently)
upon which you relied upon entering this Agreement, unless such
untrue statement or representation was made fraudulently.
Safety & Regulatory Information
The following sections contain notices for various countries:
CAUTION: This device is intended to be connected by the user
to a CSA/TUV/UL certified/listed IBM AT or compatible
personal computerin the manufacturer’s defined operator access
area. Check the equipment operating/installation manual and/or
with the equipment manufacturer to verify/confirm if your
equipment is suitable fordevices.
ATTENTION: Ce périphérique est destiné à être connecté par
l’utilisateur à un ordinateur IBM AT certifié ou listé CSA/TUV/
UL ou compatible, à l’intérieur de la zone d'accès définie par le
fabricant. Consulter le mode d’emploi/guide d'installation et/ou le
fabricant de l’appareil pour vérifier ou confirmer qu'il est possible
de connecter d'autres périphériques à votre sytème.
DigMP3.book vi ページ 2002年4月11日 木曜日 午前11時1分
Copyright Information for users
of Creative products
Certain Creative products are designed to assist you in
reproducing material for which you own the copyright or are
authorized to copy by the copyright owner or by exemption in
applicable law. Unless you own the copyright or have such
authorization, you may be violating copyright law and may be
subject to payment of damages and other remedies. If you are
uncertain about your rights, you should contact your legal
advisor.
It is your responsibility when using a Creative product to ensure
there is no infringement of applicable laws on copyright whereby
the copying of certain materials may require the prior consent of
the copyright owners. Creative disclaims any liability with regard
to any illegal use of the Creative product and Creative shall in no
event be liable with regard to the origin of any data stored in a
compressed audio file.