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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.rca.com (if purchased in the United States) and www.thomsonlink.com
(if purchased in Europe).
(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.
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.