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10.Decompiling, Disassembling, or Reverse Engineering
You acknowledge that the Software contains trade secrets and
other proprietary information of Creative and its licensors.
Except to the extent expressly permitted by this Agreement or
by the laws of the jurisdiction where you are located, you may
not decompile, disassemble or otherwise reverse engineer the
Software, or engage in any other activities to obtain underlying
information that is not visible to the user in connection with
normal use of the Software.
In particular, 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 hardcopy 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.
In any event, you will notify Creative of any information
derived from reverse engineering or such other activities, and
the results thereof will constitute the confidential information
of Creative that may be used only in connection with the
Software.
11.For Software with CDDB features
This package includes applications which may contain
software from CDDB, Inc.of Berkeley California ("CDDB").
The software from CDDB (the "CDDB Client") enables the
application to do online disc identification and obtain music-
related information, including name, artist, track and title
information ("CDDB Data") from online servers ("CDDB
Servers") and to perform other functions.
You agree that you will use CDDB Data, the CDDB Client and
CDDB Servers for your own personal non-commercial use
only. You agree not to assign, copy, transfer or transmit the
CDDB Client or any CDDB Data to any third party. YOU
AGREE NOT TO USE OR EXPLOIT CDDB DATA, THE
CDDB CLIENT, OR CDDB SERVERS, EXCEPT AS
EXPRESSLY PERMITTED HEREIN.
You agree that your non-exclusive license to use the CDDB
Data, the CDDB Client and CDDB Servers will terminate if
you violate these restrictions. If your license terminates, you
agree to cease any and all use of the CDDB Data, the CDDB
Client and CDDB Servers. CDDB reserves all rights in CDDB
Data, the CDDB Client and the 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 CDDB Client and each item of CDDB Data are licensed
to you "AS-IS." CDDB makes no representations or
warranties, express or implied, regarding the accuracy of any
CDDB Data from in the CDDB Servers. CDDB reserves the
right to delete data from the CDDB Servers or to change data
categories for any cause that CDDB deems sufficient. No
warranty is made that the CDDB Client or CDDB Servers are
error-free or that functioning of CDDB Client or CDDB
Servers will be uninterrupted. CDDB is not obligated to
provide you with any new enhanced or additional data types or
categories that CDDB may choose to provide in the future.
CDDB DISCLAIMS ALL WARRANTIES EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. CDDB does not warrant the results
that will be obtained by your use of the CDDB Client or any
CDDB Server. IN NO CASE WILL CDDB BE LIABLE FOR
ANY CONSEQUENTIAL OR INCIDENTIAL DAMAGES,
OR FOR ANY LOST PROFITS, OR LOST REVENUES.
TERMINATION
The license granted to you is effective until terminated. You may
terminate it at any time by returning the Software (including any
portions or copies thereof) to Creative. 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 such termination to return the Software (including any
portions or copies thereof) to Creative. Upon termination,
Creative may also enforce any rights provided by law. The
provisions of this Agreement that protect the proprietary rights of
Creative will continue in force after termination.
LIMITED WARRANTY
Creative warrants, as the sole warranty, that the disks on which
the Software is furnished will be free of defects, as set forth in the
Warranty Card or printed manual included with 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. Any representation, other than the warranties set
forth in this Agreement, will not bind Creative.
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, 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.
INDEMNIFICATION BY YOU
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