Creative SB0100 User Guide - Page 4

The Contractor/Manufacturer for the Software is, the Rights in Technical Data and Computer - card

Get Creative SB0100 PDF manuals and user guides View all Creative SB0100 manuals
Add to My Manuals
Save this manual to your list of manuals

Page 4 highlights

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 customised, 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 authorised 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 sublicensing 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 31, International Business Park Creative Resource Singapore 609921 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.

  • 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
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
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 customised, 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
authorised 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
31, International Business Park
Creative Resource
Singapore 609921
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.