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End User License Agreement
7
WM-DRM Software is sent to your device whenever you
download a license for Secure Content from the Internet or from
a PC. Microsoft may, in conjunction with such license, also
download revocation lists onto your device on behalf of Secure
Content Owners.
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. THOMSON IS NOT RESPONSIBLE FOR ANY
THIRD PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY
FOR YOUR USE OF THIRD PARTY SOFTWARE.
GOVERNING LAW
This Agreement is governed by the laws of the State of Indiana,
U.S.A. without regard to its conflict of laws.
GENERAL TERMS
This Agreement can only be modified by a written agreement
signed by you and Thomson, and changes from the terms and
conditions of this Agreement made in any other manner will be
of no effect. If any portion of this Agreement 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 Agreement is the
complete and exclusive statement of the agreement between you
and Thomson, which supersedes all proposals or prior
agreements, oral or written, and all other communications
between you and Thomson, relating to the subject matter of this
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.
WINDOWS MEDIA
This version of the RCA Player (the Player) 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 the RCA/THOMSON Portable Audio
Device digital music player under the following conditions. By
installing and using this version of the Player, you are agreeing
to these conditions. IF YOU DO NOT AGREE TO THE
CONDITIONS OF THIS END USER LICENSE AGREEMENT, DO
NOT INSTALL OR USE THIS VERSION OF THE Player.
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 Player containing the WMA
Software only with the Portable Audio Device player.
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 in spite of this limitation.
You may transfer your right to use this version of the Player only
as part of a sale or transfer of your Portable Audio Device player,
on the condition that the recipient agrees to the conditions in
this End User License Agreement. If the version of the Player
that you are transferring is an upgrade, you must also transfer all
prior versions of the Player 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 Player 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
Player.
Content providers are using the digital rights management
technology for Windows Media contained in this device (‘WM-
DRM’) to protect the integrity of their content ("Secure Content")
so that their intellectual property, including copyright, in such
content is not misappropriated. This device uses WM-DRM
software to play Secure Content (‘WM-DRM Software’). If the
security of the WM-DRM Software in this device has been
compromised, owners of Secure Content ("Secure Content
Owners") may request that Microsoft revoke the WM-DRM
Software’s right to acquire new licenses to copy, display and/or
play Secure Content. Revocation does not alter the WM-DRM
Software’s ability to play unprotected content. A list of revoked