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End user license agreement
6
IMPORTANT: READ CAREFULLY BEFORE DOWNLOADING OR
INSTALLING THIS SOFTWARE!
THIS END USER LICENSE AGREEMENT (THIS “EULA”) IS A
LEGAL AGREEMENT BETWEEN YOU AND THOMSON INC., OR
ANY THOMSON GROUP ENTITY, AS DEFINED BELOW
(COLLECTIVELY “THOMSON ENTITY”), FOR THE RCA OR
THOMSON BRANDED PORTABLE DIGITAL AUDIO/VIDEO
DEVICE APPLICATION/DRIVER SOFTWARE PROGRAM AND
ASSOCIATED DOCUMENTATION, IF ANY (COLLECTIVELY, THE
“PROGRAM”). THIS EULA CONTAINS IMPORTANT LEGAL
LIMITATIONS, RESTRICTIONS AND DISCLAIMERS, AND ALSO
SPECIFIES THE DURATION OF YOUR LICENSE.
BY INSTALLING THE PROGRAM OR CLICKING ON THE
ACCEPTANCE BUTTON OF THE PROGRAM, COPYING OR
OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE
AND AGREE THAT YOU HAVE READ THIS EULA,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS. YOU MAY USE THE PROGRAM ONLY IN
ACCORDANCE WITH THIS EULA, AND ANY SUCH USE IS
HEREBY UNDERSTOOD TO BE CONDITIONAL UPON YOUR
SPECIFIC AGREEMENT TO THE UNMODIFIED TERMS SET
FORTH HEREIN. IF YOU DO NOT AGREE WITH ALL OF THE
TERMS OF THIS EULA, CLICK ON THE REJECTION BUTTON
AND/OR DO NOT INSTALL THE PROGRAM AND/OR DO NOT
USE THE PROGRAM.
1. LICENSE
a) Under this EULA, you are granted a 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 to another
party only as a part of the Thomson/RCA branded
Portable Digital Audio/Video Device (“A/V Device”), and
only if the other party agrees to accept the terms and
conditions of this EULA. 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.
c) The terms of this EULA will govern any software
upgrades or updates provided by THOMSON Entity that
replace and/or supplement the original Program, unless
such upgrade or update is accompanied by separate
license terms and conditions in which case the terms of
that separate license will govern. You acknowledge and
agree that THOMSON Entity may automatically
download upgrades or updates to the Program software
to your computer in order to update, enhance, and/or
further develop the Program.
2. LICENSE RESTRICTIONS
a) Except for the licenses expressly granted to you in this
EULA, no other licenses or rights are granted or implied.
b) You may not (i) make the Program available over a
network where it could be used by multiple computers at
the same time; (ii) 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 (iii) 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 such case,
the Program may not operate properly. Updated versions
of the Program may be downloaded from
www.rcaaudiovideo.com/downloads.
d) THOMSON Entity 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.
3. TERM AND TERMINATION
a) Your license is effective on the date you accept this EULA
and remains in effect until this EULA is terminated by
either party.
b) You may terminate this EULA and the associated license,
without any notice or delay, by destroying or
permanently erasing the Program and all copies thereof.
c) If you fail to comply with any of the terms of this EULA,
in whole or part, your license will automatically
terminate without notice from THOMSON Entity.
d) Upon termination of this EULA and your associated
license, you shall cease all use of the Program and
destroy or permanently erase the Program and all full or
partial copies thereof.
4. 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 ENTITY, ITS SUPPLIERS, 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.
5. OWNERSHIP RIGHTS
All title and intellectual property rights in and to the
Program and any copies thereof are owned by THOMSON
Entity 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.
6. LIMITATION OF LIABILITY
a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL THOMSON ENTITY, 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 YOUR USE OF OR INABILITY TO USE THE
PROGRAM, EVEN IF THOMSON ENTITY 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.
b) YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF
THE APPROPRIATE PROGRAM TO ACHIEVE YOUR