For Software With CDDB Features.
This package includes applications which may contain software from CDDB, Inc.of
Berkeley California d/b/a Gracenote ("Gracenote"). The software from Gracenote
(the " Gracenote CDDB Client") enables the application to do online disc
identification and obtain music-related information, including name, artist,
track and title information ("Gracenote Data")from online servers ("Gracenote
CDDB Servers") and to perform other functions. You may use Gracenote Data only
by means of the intended End-User functions of the application software.
You agree that you will use Gracenote Data, the Gracenote CDDB Client and
Gracenote CDDB Servers for your own personal non-commercial use only. You agree
not to assign, copy, transfer or transmit the Gracenote CDDB Client or any
Gracenote CDDB Data to any third party.
YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CDDB CLIENT,OR
GRACENOTE CDDB SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the
Gracenote CDDB Client and Gracenote CDDB Servers will terminate if you violate
these restrictions. If your license terminates, you agree to cease any and all
use of the Gracenote Data, the Gracenote CDDB Client and Gracenote CDDB
Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote CDDB
Client and the Gracenote 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 Gracenote CDDB Client and each item of Gracenote Data are licensed to you
"AS IS." Gracenote makes no representations or warranties, express or implied,
regarding the accuracy of any Gracenote Data from in the Gracenote CDDB
Servers. Gracenote reserves the right to delete data from the Gracenote CDDB
Servers or to change data categories for any cause that Gracenote deems
sufficient. No warranty is made that the Gracenote CDDB Client or Gracenote
CDDB Servers are error-free or that functioning of Gracenote CDDB Client or
Gracenote CDDB Servers will be uninterrupted. Gracenote is not obligated to
provide you with any new enhanced or additional data types or categories that
Gracenote may choose to provide in the future and is free to discontinue its
online services at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
Gracenote does not warrant the results that will be obtained by your use of the
Gracenote CDDB Client or any Gracenote CDDB Server.
IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTIAL
DAMAGES OR FOR ANY LOST PROFITS, OR LOST REVENUES. CDDB, INC. d/b/a/ GRACENOTE
IS A THIRD PARTY BENEFICIARY HEREUNDER AND MAY ENFORCE ITS RIGHTS AGAINST YOU
TO THE SAME EXTENT AS IF IT WERE A PARTY TO THIS AGREEMENT.
The license granted to you is effective until terminated. You may terminate it
at any time by destroying the Software (including any portions or copies
thereof) currently in your possession or control. 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 any such
termination to destroy the Software (including any portions or copies thereof).
Upon termination, Creative may also enforce any and all rights provided by law.
The provisions of this Agreement that protect the proprietary rights of
Creative will continue in force after termination.
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 DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
CREATIVE IS NOT OBLIGATED TO PROVIDE ANY UPDATES OR UPGRADES TO 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. 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 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.
Any representation, other than the warranties set forth in this Agreement, will
not bind Creative. You assume full responsibility for the selection of the
Software to achieve your intended results, and for the downloading, 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
NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES IN
NO EVENT SHALL CREATIVE OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR FOR ANY PERSONAL INJURY OR BODILY INJURY (INCLUDING
DEATH) TO ANY PERSON CAUSED BY CREATIVE'S NEGLIGENCE, 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 SOFTWARE, EVEN
IF CREATIVE OR ITS LICENSORS HAVE 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 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
**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.**
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.
The Contractor/Manufacturer for the Software is: Creative Technology Ltd 31,
International Business Park Creative Resource Singapore 609921
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
its, 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.
This package may include software with DVD-Audio functionality for you to play
content-protected DVD-Audio discs. The functionality of this Software may be
lost if the content protection system is compromised. In this event, your sole
remedy to restore such functionality is to download a product update from
SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION
If you downloaded 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 above and the following provisions,
the following provisions shall take precedence.
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 above.
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.
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, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT.
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 BELOW UNDER THE
HEADING "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).
This Agreement is governed by the laws of the Republic of Ireland. The local
language version of this Agreement shall apply to Software downloaded 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.
**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.
You acknowledge and agree that the exportation or use of MP3 Codecs in
real-time broadcasting (terrestrial, satellite, cable or other media) or
broadcasting via Internet or other networks, such as but not limited to
intranets etc., in pay-audio or pay-on-demand applications, is not authorised
and/or licensed (see also http://www.iis.fhg.de/amm/).**