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LICENSE.TXT
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1996-12-09
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9KB
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234 lines
CREATIVE SOFTWARE LICENSE
This Agreement sets forth the license terms and conditions for using the
enclosed software Driver/Program which you have downloaded from the web
("Software").
This License is effective until terminated. You may terminate it at any
time by destroying the Software together with any copies currently in your
possession. The License also terminates if you fail to comply with the
terms and conditions of this agreement, and additionally you need to
destroy any copies or variations of the software.
1. GRANT OF LICENSE. Creative Technology Limited and its subsidiaries
("Creative"), grants to you the right to use all or a portion of this
Software provided that (i) the Software is not distributed for profit; (ii)
the Software is used only in conjunction with Creative's family of
products; (iii) the Software may NOT be modified; (iv) all copyright
notices are maintained on the Software; and (v) the licensee/end user
agrees to be bound by the terms of this Agreement.
2. COPYRIGHT. The Software is owned by Creative 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.
3. OTHER RESTRICTIONS. This License Agreement is your proof of license to
exercise the rights granted herein and must be retained by you. You may
not rent or lease the Software. You may not reverse engineer, decompile or
disassemble the Software.
NO WARRANTY. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE
SOFTWARE IS PROVIDED FOR USE ONLY WITH CREATIVE'S HARDWARE AND RELATED
SOFTWARE. THE SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY
KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. CREATIVE IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE
SOFTWARE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Creative be
liable for any damages whatsoever (including, without limitation,
incidental, direct, indirect special and consequential damages, damages for
loss of business profits, business interruption, loss of business
information, or other pecuniary loss) arising out of the use or inability
to use this Creative product, even if Creative has been advised of the
possibility of such damages. Because some states/countries do not allow
the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
INDEMNIFICATION BY YOU. If you distribute the Software in violation of
this Agreement, you agree to indemnify, hold harmless and defend Creative
from and against any claims or lawsuits, including attorney's fees that
arise or result from the use or distribution of the Software in violation
of this Agreement.
This Agreement shall be construed, interpreted and governed by the laws of
the State of California, except the federal laws which govern the
copyrights and registered trademarks. You agree that this is the complete
and exclusive statement of the Agreement between you and Creative which
supersedes any proposal or prior agreement, oral or written, and any other
communications between us regarding the subject of this Agreement. If any
provision of this Agreement is found unenforceable, it will not affect the
validity of this Agreement, which shall remain valid and enforceable
according to its terms.
SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION If you acquired the
Software in the European Union, the following provisions also apply to you.
If there is any inconsistency bewteen the terms of the Software License set
out above and 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 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.
Limited Warranty: EXCEPT AS STATED ABOVE IN THIS AGREEMENT, AND AS PROVIDED
BELOW 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 SHALL NOT APPLY TO PERSONAL INJURY (INCLUDING
DEATH) TO ANY PERSON CAUSED BY CREATIVE'S NEGLIGENCE AND ARE SUBJECT TO THE
PROVISION SET OUT BELOW 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.
***
Should you have any questions concerning this Agreement, Or if you desire
to contact Creative for any reason, please contact your local Creative
subsidiary or write to:
Inside U.S.A., Canada and South America, contact:
Creative Labs, Inc. Technical Support
1523 Cimarron Plaza,
Stillwater, OK 74075 U.S.A.
TEL (405) 742-6622
FAX (405) 742-6633
BBS (405) 742-6660
Operating Hours (U.S.A. Central Time)
Mon-Sun 8:00am-12:00am (16 hours)
Public Holiday - Closed
BBS 24 hours operational
Inside Europe, contact:
Ireland:
Creative Labs (Ireland) Ltd. Technical Support
Ballycoolin Business Park,
Blanchardstown, Dublin 15,
IRELAND
TEL (353) 1-820-7555
BBS (353) 1-820-3784
BBS (353) 1-820-3818
FAX (353) 1-820-5052
France:
TEL (33) 139-200421
FAX (33) 139-209010
BBS (33) 139-209043(HST)
BBS (33) 139-209047(V32bis)
Minitel 3615 CREATIVE and
3627 CREATIVE
UK:
TEL (44) 01734-344744
FAX (44) 01734-320271
BBS (44) 01743-360287
Germany (for Central & Eastern Europe):
TEL (49) 89 957-9081
FAX (49) 89 957-7453
BBS (49) 89 957-7237
BBS (49) 89 957-7274
Holland:
TEL (31) 1557-8244
Belgium: (for Benelux)
TEL (32) 3230-0997 (French)
TEL (32) 3230-0998 (Dutch)
BBS (32) 3281-4631 (HST V.43)
BBS (32) 3281-4632(V.34)
Spain:
TEL (900) 953536 (Freephone)
Italy:
TEL (39) 2 9824-4100
Sweden:
TEL (020) 791088 (Freephone)
BBS (45) 4824-4351 (HST V.34)
BBS (45) 4824-4361 (ZyXEL 19.2kbps)
Denmark:
TEL (800) 17177 (Freephone)
BBS (45) 4824-4351 (HST V.34)
BBS (45) 4824-4361 (ZyXEL 19.2kbps)
Norway:
TEL (0800) 118052(Freephone)
BBS (45) 4824-4351(HST V.34)
BBS (45) 4824-4361(ZyXEL 19.2kbps)
Operating Hours
Mon-Fri: Business Hours
Sat-Sun: Closed
Note: Inside Europe, please direct all faxes to Ireland.
Inside Asia, contact:
Creative Technology Ltd.
Technical Support
75 Ayer Rajah Crescent #01-04
Singapore 0513
TEL (065) 773-4048
FAX (065) 773-0353
BBS (065) 776-2423 (3 Nodes - V.Fast)
Operating Hours (Singapore Time)
Mon-Thu 9:00am-6:30pm
Fri 9.00am-6.00pm
Sat, Sun & Public Holiday Closed
BBS 24 hours operational
CompuServe: GO BLASTER
WWW Site: http://www.creaf.com
FTP Site: ftp.creaf.com
Internet E-mail address: 72662.1602@compuserve.com
Copyright (C) 1994, Creative Labs, Inc., Creative Technology Ltd. All
rights reserved. All other products are trademarks or registered trademarks
of their respective owners.