Creative End-User Software License Agreement
Version 2.3, January 2000
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE
SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
PROMPTLY RETURN, WITHIN 15 DAYS, THE SOFTWARE, ALL RELATED
DOCUMENTATION AND ACCOMPANYING ITEMS TO THE PLACE OF ACQUISITION
FOR A FULL REFUND.
This is a legal agreement between you and
Creative Technology Ltd.
and its subsidiaries (“Creative”). This Agreement states the terms
and conditions upon which Creative offers to license the software sealed in the disk package together with all related documentation
and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such
programs (collectively, the “Software”).
LICENSE
1.
Grant of License
The Software is licensed, not sold, to you for use only under the terms of this Agreement. You own the disk or other media on which
the Software is originally or subsequently recorded or fixed; but, as between you and Creative (and, to the extent applicable, its
licensors), Creative retains all title to and ownership of the Software and reserves all rights not expressly granted to you.
2.
For Use on a Single Computer
The Software may be used only on a single computer by a single user at any time. You may transfer the machine-readable portion
of the Software from one computer to another computer, provided that (a) the Software (including any portion or copy thereof) is
erased from the first computer and (b) there is no possibility that the Software will be used on more than one computer at a time.
3.
Stand-Alone Basis
You may use the Software only on a stand-alone basis, such that the Software and the functions it provides are accessible only to
persons who are physically present at the location of the computer on which the Software is loaded. You may not allow the Software
or its functions to be accessed remotely, or transmit all or any portion of the Software through any network or communication line.
4.
Copyright
The Software is owned by Creative and/or its licensees and is protected by United States copyright laws and international treaty
provisions. You may not remove the copyright notice from any copy of the Software or any copy of the written materials, if any,
accompanying the Software.
5.
One Archival Copy
You may make one (1) archival copy of the machine-readable portion of the Software for backup purposes only in support of your
use of the Software on a single computer, provided that you reproduce on the copy all copyright and other proprietary rights notices
included on the originals of the Software.
6.
No Merger or Integration
You may not merge any portion of the Software into, or integrate any portion of the Software with, any other program, except to the
extent expressly permitted by the laws of the jurisdiction where you are located. Any portion of the Software merged into or
integrated with another program, if any, will continue to be subject to the terms and conditions of this Agreement, and you must
reproduce on the merged or integrated portion all copyright and other proprietary rights notices included in the originals of the
Software.
7.
Network Version
If you have purchased a “network” version of the Software, this Agreement applies to the installation of the Software on a single
“file server”. It may not be copied onto multiple systems. Each “node” connected to the “file server” must also have its own license
of a “node copy” of the Software, which becomes a license only for that specific “node”.
8.
Transfer of License
You may transfer your license of the Software, provided that (a) you transfer all portions of the Software or copies thereof, (b) you
do not retain any portion of the Software or any copy thereof, and (c) the transferee reads and agrees to be bound by the terms and
conditions of this Agreement.
9. Limitations on Using, Copying, and Modifying the Software
Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you
may not use, copy or modify the Software. Nor may you sub-license any of your rights under this Agreement. You may use the
software for your personal use only, and not for public performance or for the creation of publicly displayed videotapes.
10.
Decompiling, Disassembling, or Reverse Engineering
You acknowledge that the Software contains trade secrets and other proprietary information of Creative and its licensors. Except to
the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile,
disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is
not visible to the user in connection with normal use of the Software.
In particular, you agree not for any purpose to transmit the Software or display the Software's object code on any computer screen
or to make any hardcopy memory dumps of the Software's object code. If you believe you require information related to the
interoperability of the Software with other programs, you shall not decompile or disassemble the Software to obtain such
information, and you agree to request such information from Creative at the address listed below. Upon receiving such a request,
Creative shall determine whether you require such information for a legitimate purpose and, if so, Creative will provide such
information to you within a reasonable time and on reasonable conditions.
In any event, you will notify Creative of any information derived from reverse engineering or such other activities, and the results
thereof will constitute the confidential information of Creative that may be used only in connection with the Software.
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