DOS/V Power Report 1999 October/VPR9910B.BIN/DRIVER/CREATIVE/3DBVNT4/3dbvnt4.exe/LICENSE.TXT

Text File | 1997-12-10 | 18KB | 400 lines

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 by you only on a single computer with
    a single CPU.  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.  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.

5.  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.

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 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.

8.  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.

9.  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 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 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 MERCHANTABILITY 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 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 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 center
nearest you.

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痴 object code on any computer screen or to make any
hard copy memory dumps of the Software痴 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 Digicom at the address listed
earlier. Upon receiving such a request, Digicom shall determine
whether you require such information for a legitimate purpose and,
if so, Digicom 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 AND 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担 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.


==========================================================================
                      CREATIVE LABS CONTACT INFORMATION

Here is the most recent list of contact information for all of our
customer support departments world-wide.  This list was last updated
September 10, 1997

Inside U.S.A., Canada, South and Central America, contact:
       Creative Labs, Inc.  Technical Support
       1523 Cimarron Plaza,
       Stillwater, OK  74075 U.S.A.

            TEL [phone]
            FAX [phone]
            BBS [phone] (14400) 8/n/1 24 lines
       Internet http://www.creativelabs.com (general and product info)
                http://www.creativehelp.com (technical support)
                ftp.creaf.com
                (ftp-related questions ONLY):  [e-mail]

    CompuServe  GO BLASTER

            Email address via Internet:  [e-mail]
       (for tech support, please use http://www.creativehelp.com)

       TS Operating Hours (U.S.A. Central Time):
       Mon-Sun  8:00am-12:00am (16 hours)
       Closed Public Holidays
       BBS and Automated Tech Support 24 hours operational

       Customer Service (non-technical issues ONLY)
            TEL [phone]
            FAX [phone]
       (Please know what you would like to purchase or have the serial
        number for your card or kit with you when you contact CS, if
        possible.)

       CS Operating Hours (U.S.A. Central Time):
       Mon-Fri 8am-7pm
       Closed Public Holidays

       Customer Assistance and Technical Support Faxback Service
           (general product info and card and drive diagrams and info)
            Faxback [phone]

       Customer Assistance (dealer referrals, product spec sheets, etc.)
            TEL [phone]

       CA Operating Hours (U.S.A. Central Time)
       Mon-Sun  8:00am-12:00am (16 hours)
       Closed Public Holidays



Inside Europe, contact:
       Creative Labs - Ireland Technical Support
       Ballycoolin Industrial Park
       Blanchardstown,
       Dublin 15
       IRELAND

         Internet http://www.cle.creaf.com
                  ftp.cle.creaf.com

Note: Inside Europe, if no other fax number is listed please
                 direct faxes to the Ireland number.

IRELAND: Tel:       [phone]
         Fax:       [phone]
         FaxBack:   [phone]
         BBS:       [phone], 1 line  (all lines now HST, V32bis,
                    [phone], 3 lines  Vterbo, V34 / VFast, V34+ 8/n/1)

U.K:     Tel:       [phone]

GERMANY: Tel:       [phone]

FRANCE:  Tel:       [phone]

BELGIUM: Tel:       [phone]

DENMARK: Tel:       [phone]

SWEDEN:  Tel:       [phone]

HOLLAND: Tel:       [phone]

NORWAY:  Tel:       [phone]

FINLAND: Tel:       [phone]

SPAIN:   Tel:       [phone]

ITALY:   Tel:       [phone]

SWITZERLAND:  Tel:  [phone]

AUSTRIA: Tel:       [phone]

PORTUGAL:  Tel:      [phone]

For European Technical Support ONLY: [e-mail]


Inside Asia and anywhere not listed above, contact:
       Creative Technology Ltd.  Technical Support
       31, International Business Park
       Creative Resource,
       Singapore 609921.

        TEL [phone]
        FAX [phone]
        BBS [phone]
   Internet http://www.ctlsg.creaf.com
            ftp.ctlsg.creaf.com
   E-mail Support:  [e-mail]

       Operating Hours (Singapore Time):
       Mon-Fri  9:00am-6:00pm
       Closed Saturdays, Sundays & Public Holidays


Inside Australia contact:
           Creative Pacific Pty Ltd - Sydney
           32-34 Dickson Ave
           PO Box 835
           ARTARMON  NSW  2064

           Tel [phone]
           Fax [phone]
           Tech Support Tel [phone]
           Tech Support Fax [phone]
           ShareVision [phone]
           BBS [phone] (n/8/1, 6 lines, V.FC)

Creative Pacific is the exclusive Australian distributor and not a fully
owned subsidiary of Creative Technology.