Documentos de Académico
Documentos de Profesional
Documentos de Cultura
essly set forth herein, this Agreement does not grant you any intellectual prope
rty rights in the Software. All rights not expressly granted by Creative are res
erved by Creative and/or its licensors.
5. One Archival Copy (Section 5 shall not apply to Trial Software)
You may make one (1) archival copy of the machine-readable portion of the Softwa
re for backup purposes only in support of your use of the Software on a single c
omputer (if the Software was originally on a CD/DVD), provided that you reproduc
e on the copy all copyright and other proprietary rights notices included on the
originals of the Software.
6. 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 b
y the laws of the jurisdiction where you are located. Any portion of the Softwar
e merged into or integrated with another program, if any, will continue to be su
bject to the terms and conditions of this Agreement, and you must reproduce on t
he merged or integrated portion all copyright and other proprietary rights notic
es included on the originals of the Software.
7. Network Version
If you have purchased a "network" version of the Software, this Agreement applie
s to the installation of the Software on a single "file server". It may not be c
opied onto multiple systems. Each "node" connected to the "file server" must als
o have its own license of a "node copy" of the Software, which becomes a license
only for that specific "node".
8. No Transfer of License
You may not transfer your license of the Software to a third party.
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 t
he Software. Nor may you sub-license any of your rights under this Agreement. Yo
u may use the Software for your personal use only, and not for public performanc
e or for the creation of any form of public display.
10. Decompiling, Disassembling, or Reverse Engineering
You acknowledge that the Software contains trade secrets and other proprietary i
nformation of Creative and its licensors. Except to the extent expressly permitt
ed by this Agreement or by the laws of the jurisdiction where you are located, y
ou may not decompile, disassemble or otherwise reverse engineer the Software, or
engage in any other activities to obtain underlying information that is not vis
ible to the user in connection with normal use of the Software.
In particular, you agree not to transmit the Software or display the Software's
object code on any computer screen or to make any hardcopy memory dumps of the S
oftware's object code. If you believe you require information related to the int
eroperability of the Software with other programs, you shall not decompile or di
sassemble the Software to obtain such information, and you agree to request such
information from Creative at the address listed below. Upon receiving such a re
quest, Creative shall determine in its sole discretion whether to provide such i
nformation to you.
In any event, you will notify Creative of any information derived from reverse e
ngineering or such other activities, and the results thereof will constitute the
confidential information of Creative that may be used only in connection with t
he Software.
11. Gracenote(R) CDDB(R) Terms of Use
This application or device may contain software from Gracenote, Inc. of Emeryvil
le, California ("Gracenote"). The software from Gracenote (the "Gracenote Softw
are") enables this application to perform disc and/or file identification and ob
tain music-related information, including name, artist, track, and title informa
tion ("Gracenote Data") from online servers or embedded databases (collectively,
"Gracenote Servers") and to perform other functions. You may use Gracenote Dat
a only by means of the intended End-User functions of this application or device
.
You acknowledge and agree that Creative does not make any representation, undert
aking or warranty, either express, implied, or otherwise regarding the provision
, continuity of provision and/or use of Gracenote Client, Gracenote Data or Grac
enote Server or related materials. You specifically agree that Creative does not
guarantee that you will be able to access Gracenote services throughout the ter
m of this Agreement.
You further acknowledge and agree that Creative shall not be responsible or liab
le, directly or indirectly, for any damage or loss caused by or alleged to be ca
used by or in connection with the use of or inability to use Gracenote Client, G
racenote Data or Gracenote Server or related materials.
You agree that you will use Gracenote Data, the Gracenote Software, and Gracenot
e Servers for your own personal non-commercial use only. You agree not to assig
n, copy, transfer or transmit the Gracenote Software or any Gracenote Data (exce
pt in a Tag associated with a music file) to any third party. YOU AGREE NOT TO
USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR GRACENOTE SERVERS, EXC
EPT AS EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the Gracenote Data, the Graceno
te Software, and Gracenote Servers will terminate if you violate these restricti
ons. If your license terminates, you agree to cease any and all use of the Grac
enote Data, the Gracenote Software, and Gracenote Servers. Gracenote reserves a
ll rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers,
including all ownership rights. Under no circumstances will Gracenote become li
able for any payment to you for any information that you provide. You agree tha
t Gracenote, Inc. may enforce its rights under this Agreement against you direct
ly in its own name.
The Gracenote service uses a unique identifier to track queries for statistical
purposes. The purpose of a randomly assigned numeric identifier is to allow the
Gracenote service to count queries without knowing anything about who you are.
For more information, see the Gracenote web page for the Gracenote Privacy Poli
cy for the Gracenote service.
The Gracenote Software and each item of Gracenote Data are licensed to you "AS I
S." Gracenote makes no representations or warranties, express or implied, regar
ding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenot
e reserves the right to delete data from the Gracenote Servers or to change data
categories for any cause that Gracenote deems sufficient. No warranty is made
that the Gracenote Software or Gracenote Servers are error-free or that function
ing of Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote
is not obligated to provide you with new enhanced or additional data types or ca
tegories that Gracenote may provide in the future and is free to discontinue its
services at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITE
D TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, T
ITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE
OBTAINED BY YOUR USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO
CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR
G OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF CREATIVE OR ITS LICE
NSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL CRE
ATIVE S LIABILITY OR DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE AMOUNT PAI
D BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. BECAUSE SOME
STATES/ COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONS
EQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. INDEMNIFICATION BY YOU
If you distribute the Software in violation of this Agreement, you hereby indemn
ify, hold harmless and defend Creative from and against any and all claims or la
wsuits, including attorney's fees and costs that arise, result from or are conne
cted with the use or distribution of the Software in violation of this Agreement
.
16. U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted rights. Use,
duplication or disclosure by the U.S. Government (including any agency) is subj
ect to restrictions as set forth in the Code of Federal Regulations, including b
ut not limited to the Rights in Technical Data and Computer Software Clause of t
he Federal Acquisition Regulations. If you are licensing, 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.
17. CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
Creative Technology Ltd
31 International Business Park
Creative Resource
Singapore 609921
18. GENERAL
This Agreement is binding on you as well as your employees, employers, contracto
rs and agents, and on any successors and permitted assignees. Neither the Softwa
re nor any information derived therefrom may be exported except in accordance wi
th the laws of the U.S. or other applicable provisions. This Agreement is govern
ed by the laws of the State of California (except to the extent federal law gove
rns copyrights and federally registered trademarks). This Agreement is the entir
e agreement between us and you agree that Creative will not have any liability f
or untrue statement or representation made by it, its agents or anyone else (whe
ther innocently or negligently) upon which you relied upon entering this Agreeme
nt, unless such untrue statement or representation was made fraudulently. This A
greement supersedes any other understandings or agreements, including, but not l
imited to, advertising, with respect to the Software.
If any provision of this Agreement is deemed invalid or unenforceable by any cou
ntry or government agency having jurisdiction, that particular provision will be
deemed modified to the extent necessary to make the provision valid and enforce
able, 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 Creativ
e technical support center nearest you.
This package may include software with DVD-Audio and/or DVD-Video functionality
for you to play content-protected DVD-Audio and/or DVD-Video discs. The function
ality of this Software may be lost if the content protection system is compromis
ed. In this event, your sole remedy to restore such functionality is to download
a product update from Creative's website.
ADOBE ADDENDUM
================
The following addendum is applicable to products containing the Adobe Flash Playe
r, Adobe AIR, and/or Flash Lite .
You acknowledge and agree that your ability to access content from a given sourc
e may depend on obtaining and installing an updated version of the applicable so
ftware.
You acknowledge and agree that your digital certificate/public key may be revoke
d and your ability to access content from a given source may depend on obtaining
and installing an updated version of the applicable software containing a new d
igital certificate/public key.
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 autho
rization, you may be violating copyright law and may be subject to payment of da
mages and other remedies. If you are uncertain about your rights, you should con
tact your legal advisor.
It is your responsibility when using a Creative product to ensure there is no in
fringement of applicable laws on copyright whereby the copying of certain materi
als may require the prior consent of the copyright owners. Creative disclaims an
y 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 co
mpressed audio or video file.
You acknowledge and agree that the exportation or use of MP3 Codecs that may be
included with your software, in real-time broadcasting (terrestrial, satellite,
cable or other media) or broadcasting via Internet or other networks, such as bu
t not limited to intranets etc., in pay-audio or pay-on-demand applications, is
not authorized and/or licensed.
SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION
======================================
If you downloaded the Software in the European Union (EU), the following provisi
ons also apply to you. If there is any inconsistency between the terms of the So
ftware License Agreement set out above and the following provisions, the followi
ng 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 i
nteroperability of the Software with other programs, you shall not decompile or
disassemble the Software to obtain such information, and you agree to request su
ch information from Creative at the address listed earlier. Upon receiving such
a request, Creative shall determine whether you require such information for a l
egitimate purpose and, if so, Creative will provide such information to you with
in a reasonable time and on reasonable conditions.
LIMITED WARRANTY:
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, AND AS PROVIDED BELOW UNDER THE HEADIN
G "STATUTORY RIGHTS", THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIN
D, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANT
IES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NONINFRINGEMENT.
IF CREATIVE OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME ST
ATES/ COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH,
PERSONAL OR BODILY INJURY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMIT
ATION MAY NOT APPLY TO YOU.
D. This Trial Software may contain Adobe(r) Flash(r) Player software by Adobe Sy
stems Incorporated, Copyright(c) 1995-2008 Adobe Macromedia Software LLC. All ri
ghts reserved. Adobe and Flash are trademarks of Adobe Systems Incorporated.
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