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7
End user license agreement
7. WINDOWS MEDIA
The software embedded within your A/V Device (the “Device
Firmware”) 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 your A/V Device under the following conditions.
By installing and using this version of the Device Firmware,
you are agreeing to these conditions. IF YOU DO NOT
AGREE TO THE END USER CONDITIONS OF THIS SECTION 7,
DO NOT INSTALL OR USE THIS VERSION OF THE DEVICE
FIRMWARE.
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 Device Firmware containing
the WMA Software only as such use relates to your A/V
Device.
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.
You may transfer your right to use the Device Firmware only
as part of a sale or transfer of your A/V Device, on the
condition that the recipient agrees to the conditions set forth
herein. If the version of the Device Firmware that you are
transferring is an upgrade, you must also transfer all prior
versions of the Device Firmware 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 Device Firmware 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 Device Firmware.
Content providers are using the digital rights management
technology for Windows Media contained in your A/V Device
(“WM-DRM”) to protect the integrity of their content
(“Secure Content”) so that their intellectual property,
including copyrights, in such content is not misappropriated.
Your A/V Device uses WM-DRM software to play Secure
Content (“WM-DRM Software”). If the security of the WM-
DRM Software in your A/V 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 WM-
DRM Software is sent to your A/V Device whenever you
download a license for Secure Content from the Internet or
from a computer. Microsoft may, in conjunction with such
license, also download revocation lists onto your A/V Device
on behalf of Secure Content Owners.
8. 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 ENTITY IS NOT RESPONSIBLE FOR ANY THIRD
PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY FOR
YOUR USE OF THIRD PARTY SOFTWARE.
9. GOVERNING LAW
If you acquired this A/V Device in the United States, this EULA
shall be governed and construed in accordance with the laws
of the State of Indiana, U.S.A. without regard to its conflict
of laws principles. If you acquired this A/V Device within the
European Union, this EULA shall be governed and construed
in accordance with the laws of France, without regard to its
conflict of laws principles. If you acquired this A/V Device
outside the United States or the European Union, then local
law may apply.
10. GENERAL TERMS
This EULA can only be modified by a written agreement
signed by you and THOMSON Entity, and changes from the
terms and conditions of this EULA made in any other manner
will be of no effect. If any portion of this EULA 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 EULA is the
complete and exclusive statement of the agreement between
you and THOMSON Entity, which supersedes all proposals or
prior agreements, oral or written, and all other
communications between you and THOMSON Entity, relating
to the subject matter of this hereof. “THOMSON Group
Entity” when used in this EULA shall mean any person,
corporation, or other organization, domestic or foreign,
including but not limited to subsidiaries, that is directly or
indirectly controlled by Thomson, French company. For
purposes of this definition only, the term “control” means the
possession of the power to direct or cause the direction of
the management and policies of an entity, whether by
ownership of voting stock or partnership interest, by contract,
or otherwise, including direct or indirect ownership of more
than fifty percent (50%) of the voting interest in the entity in
question.