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End user license agreement
(b) YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE
APPROPRIATE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS,
AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED.
7. WINDOWS MEDIA
This product is protected by certain intellectual property rights of
Microsoft. Use or distribution f such technology outside of this
product is prohibited without a license from Microsoft.
The software embedded within your Device (the “Device Firmware”)
contains software licensed from Microsoft that enables you to play
Windows Media Audio (WMA) files (“WMA Software”). The WMA
Software is licensed to you for use with your Device under the
following conditions. By installing and using this version of the
Device Firmware, you are agreeing to these conditions. IF YOU DO
NOT AGREE TO THE END USER CONDITIONS OF THIS SECTION 7, DO
NOT INSTALL OR USE THIS VERSION OF THE DEVICE FIRMWARE.
The WMA Software is protected by copyright and other intellectual
property laws. This protection also extends to documentation for the
WMA Software, whether in written or electronic form.
GRANT OF LICENSE. The WMA Software is only licensed to you as
follows:
You may use this version of the Device Firmware containing the WMA
Software only as such use relates to your Device.
You may not reverse engineer, decompile, or disassemble the WMA
Software, except and only to the extent that such activity is expressly
permitted by applicable law.
You may transfer your right to use the Device Firmware only as part of
a sale or transfer of your Device, on the condition that the recipient
agrees to the conditions set forth herein. If the version of the Device
Firmware that you are transferring is an upgrade, you must also
transfer all prior versions of the Device Firmware that you have which
include the WMA Software.
MICROSOFT IS NOT PROVIDING ANY WARRANTY OF ANY KIND TO
YOU FOR THE WMA SOFTWARE, AND MICROSOFT MAKES NO
REPRESENTATION CONCERNING THE OPERABILITY OF THE WMA
SOFTWARE.
The WMA Software is of U.S. origin. Any export of this version of the
Device Firmware must comply with all applicable international and
national laws, including the U.S. Export Administration Regulations,
that apply to the WMA Software incorporated in the Device Firmware.
8. RealNetworks, Inc.
Portions of this software are included under license from
RealNetworks, Inc. Copyright 1995-2007, RealNetworks, Inc. All rights
reserved.
The portions of the Program licensed from RealNetworks, Inc. (“RN”)
are provided AS IS WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RN FURTHER
DICLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW
IN NO EVENT SHALL RN BE LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS).
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
You may not modify, translate, reverse engineer, decompile,
disassemble (except to the extent that this restriction is expressly
prohibited by applicable law) or use other means to discover the RN
Source Code or otherwise replicate the functionality of the Real
Format Client Code.
9. THIRD PARTY SOFTWARE
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE
PROGRAM IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE
TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE
GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, AN
ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE
APPROPRIATE FOLDER ON YOUR COMPUTER UPON INSTALLATION OF
THE SOFTWARE. AUDIOVOX IS NOT RESPONSIBLE FOR ANY THIRD
PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE
OF THIRD PARTY SOFTWARE.
10. GOVERNING LAW
If you acquired this Device in the United States, this EULA shall be
governed and construed in accordance with the laws of the State of
New York, U.S.A. without regard to its conflict of laws principles. If you
acquired this Device outside the United States or the European Union,
then local law may apply.
11. GENERAL TERMS
This EULA can only be modified by a written agreement signed by
you and AUDIOVOX, and changes from the terms and conditions of
this EULA made in any other manner will be of no effect. If any
portion of this EULA shall be held invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remainder of the Agreement
shall not in any way be affected or impaired thereby. This EULA is the
complete and exclusive statement of the agreement between you
and AUDIOVOX, which supersedes all proposals or prior agreements,
oral or written, and all other communications between you and
AUDIOVOX, relating to the subject matter of this hereof. AUDIOVOX’S
Licensors shall be considered third party beneficiaries of this
Agreement and shall have the right to enforce the terms herein.
“AUDIOVOX SUBSIDIARY” shall mean any person, corporation, or
other organization, domestic or foreign, including but not limited to
subsidiaries, that is directly or indirectly controlled by Audiovox
Corporation including, but not limited to, Audiovox Consumer
Electronics, Inc. and Audiovox Electronics Corporation. For purposes
of this definition only, the term “control” means the possession of the
power to direct or cause the direction of the management and
policies of an entity, whether by ownership of voting stock or
partnership interest, by contract, or otherwise, including direct or
indirect ownership of at least fifty percent (50%) of the voting interest
in the entity in question.