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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 this Agreement.
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE
SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. CREATIVE IS NOT
OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES OR
TECHNICAL SUPPORT FOR THE SOFTWARE.
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.
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 Creative.
LIMITATION OF REMEDIES AND DAMAGES
THE ONLY REMEDY FOR BREACH OF WARRANTY WILL
BE THAT SET FORTH IN THE WARRANTY CARD OR
MANUAL INCLUDED WITH THE SOFTWARE. IN NO
EVENT WILL CREATIVE OR ITS LICENSORS BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR FOR ANY LOST
PROFITS, LOST SAVINGS, LOSS OF USE, LOST
REVENUES OR LOST DATA ARISING FROM OR
RELATING TO THE SOFTWARE OR THIS AGREEMENT,
EVEN IF CREATIVE OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL CREATIVE’S LIABILITY OR DAMAGES
TO YOU OR ANY OTHER PERSON EVER EXCEED THE
AMOUNT PAID BY YOU TO USE THE SOFTWARE,
REGARDLESS OF THE FORM OF THE CLAIM.
Some countries/states do not allow the limitation or exclusion of
liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
PRODUCT RETURNS
If you must ship the software to Creative or an authorized Creative
distributor or dealer, you must prepay shipping and either insure
the Software or assume all risk of loss or damage in transit.
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.
CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
Creative Technology Ltd
31, International Business Park
Creative Resource
Singapore 609921
GENERAL
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 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. 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.
ADDENDUM TO THE MICROSOFT SOFTWARE
LICENSE AGREEMENT
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