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Creative End-User Software License Agreement
Version 2.5, July 2001
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING AND 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 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 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.
The license under this Section 1 is conditioned upon your
compliance with all of your obligations under this Agreement.
Creative grants to you the right to use all or a portion of this
Software provided that
(a) the Software is not distributed for profit;
(b) the Software is used only in conjunction with Creative's
family of products;
(c) the Software may NOT be modified;
(d) all copyright notices are maintained on the Software; and
(e) the licensee/end-user agrees to be bound by the terms of
this Agreement.
2. For Use on a Single Computer
The Software may be used only on a single computer by a
single user at any time. 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. Copyright
The Software is owned by Creative and/or its licensees 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.
5. 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.
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 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.
7. 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”.
8. 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.
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 the Software. Nor
may you sub-license any of your rights under this Agreement.
You may use the Software for your personal use only, and not
for public performance or for the creation of publicly
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