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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/
digitalaudiosupport.
(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 INTENDED
RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS
OBTAINED.
End user license agreement