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End User License Agreement
7
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.