Creative CT4670 User Guide - Page 5

As-is Without Warranty Of Any Kind, Either Express Or Implied, Including, But Not Limited - software

Page 5 highlights

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. 4

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34

4
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.