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End User License Agreement
6
End User License Agreement
IMPORTANT-READ CAREFULLY: This End User License
Agreement (“Agreement”) is a legal agreement between
you and Thomson Inc. (“Thomson”) for the RCA Player,
Device application/driver software program and associated
documentation, if any (“Program”).
ACKNOWLEDGMENT
BY INSTALLING THE SOFTWARE OR CLICKING ON THE
ACCEPTANCE BUTTON OF THE SOFTWARE, COPYING OR
OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE
AND AGREE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS
OF THIS LICENSE AGREEMENT, CLICK ON THE REJECTION
BUTTON AND/OR DO NOT INSTALL THE SOFTWARE AND/OR
DO NOT USE THE PROGRAM.
LICENSE
a) You are granted the license (i) to use the Program on a single
workstation and (ii) to make one (1) copy of the Program into
any machine-readable form for backup of the Program, provided
the copy contains all of the original Program’s proprietary
notices.
b) You may transfer the Program and license, only as part of the
Player, to another party if the other party agrees to accept the
terms and conditions of this Agreement. If you transfer the
Program, you must at the same time either transfer all copies to
the same party or destroy any copies not transferred.
LICENSE RESTRICTIONS
a) Except for the licenses expressly granted to you in this
Agreement, no other licenses are implied.
b) You may not (i) modify, translate, reverse engineer,
decompile, disassemble (except to the extent that this restriction
is expressly prohibited by law) or create derivative works based
upon the Program or (ii) copy the Program, except as expressly
permitted herein. You agree that you shall only use the Program
in a manner that complies with all applicable laws in the
jurisdictions in which you use the Program, including, but not
limited to, applicable restrictions concerning copyright and other
intellectual property rights.
c) The Program may contain pre-release code that does not
perform at the level of a final code release. In this case, the
Program may not operate properly. Updated versions of the
Program can be downloaded from www.rca.com.
d) Thomson is not obligated to provide support services for the
Program.
e) The Program is provided with “RESTRICTED RIGHTS”. Use,
duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of DFARS
252.227-7013, or FAR 52.227-19, or in FAR 52.227-14 Alt. III, as
applicable.
TERM AND TERMINATION
a) The license is effective on the date you accept this
Agreement, and remains in effect until terminated by either
party.
b) You may terminate this license without any notice or delay,
by destroying or permanently erase the Program and all copies
thereof.
c) If you use, copy, modify, or transfer the Program, or any
copy, in whole or part, except as expressly provided for in this
license, your license is automatically terminated.
d) When the license is terminated, you must destroy or
permanently erase the Program and all copies thereof.
WARRANTY DISCLAIMER
THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU
(AND NOT THOMSON, ITS SUPPLIERS, ITS AFFILIATES OR ITS
DEALERS) ASSUME THE ENTIRE COST FOR ALL NECESSARY
REPAIR OR CORRECTION.
This exclusion of warranty may not be allowed under some
applicable laws. As a result, the above exclusion may not apply
to you, and you may have other rights depending on the law
that applies to you.
OWNERSHIP RIGHTS
All title and intellectual property rights in and to the Program
and any copies thereof are owned by Thomson or its suppliers.
All title and intellectual property rights in and to the content
which may be accessed through use of the Program is the
property of the respective content owner and may be protected
by applicable copyright or other intellectual property laws and
treaties. This license grants you no rights to use such content.
LIMITATION OF LIABILITY
a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL THOMSON, ITS AFFILIATES, OR ITS
DEALERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES,
LOSS OF BUSINESS INFORMATION OR ANY OTHER
PECUNIARY LOSS) REGARDLESS OF CAUSE OR FORM OF
ACTION, INCLUDING CONTRACT, TORT OR NEGLIGENCE,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE
PROGRAM, EVEN IF THOMSON HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. 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.