secrets and other proprietary information of
("CDDB Servers") and to perform other
OF MERCHANTABILITY, FITNESS FOR A
Creative and its licensors. Except to the extent
functions.
PARTICULAR PURPOSE, TITLE AND NON
expressly permitted by this Agreement or by the
You agree that you will use CDDB Data, the
INFRINGEMENT. CDDB does not warrant the
laws of the jurisdiction where you are located, you
CDDB Client and CDDB Servers for your own
results that will be obtained by your use of the
may not decompile, disassemble or otherwise
personal non commercial use only. You agree not
CDDB Client or any CDDB Server. IN NO CASE
reverse engineer the Software, or engage in any
to assign, copy, transfer or transmit the CDDB
WILL CDDB BE LIABLE FOR ANY
other activities to obtain underlying information
Client or any CDDB Data to any third party. YOU
CONSEQUENTIAL OR INCIDENTIAL
that is not visible to the user in connection with
AGREE NOT TO USE OR EXPLOIT CDDB
DAMAGES OR FOR ANY LOST PROFITS, OR
normal use of the Software.
DATA, THE CDDB CLIENT,OR CDDB
LOST REVENUES.
SERVERS,EXCEPT AS EXPRESSLY
TERMINATION
In particular, you agree not for any purpose to
PERMITTED HEREIN.
The license granted to you is effective until
transmit the Software or display the Software s
You agree that your non exclusive license to use
terminated. You may terminate it at any time by
object code on any computer screen or to make
the CDDB Data, the CDDB Client and CDDB
returning the Software (including any portions or
any hardcopy memory dumps of the Software s
Servers will terminate if you violate these
copies thereof) to Creative. The license will also
object code. If you believe you require
restrictions. If your license terminates, you agree
terminate automatically without any notice from
information related to the interoperability of the
to cease any and all use of the CDDB Data, the
Creative if you fail to comply with any term or
Software with other programs, you shall not
CDDB Client and CDDB Servers. CDDB
condition of this Agreement. You agree upon such
decompile or disassemble the Software to obtain
reserves all rights in CDDB Data, the CDDB
termination to return the Software (including any
such information, and you agree to request such
Client and the CDDB Servers, including all
portions or copies thereof) to Creative. Upon
information from Creative at the address listed
ownership rights.
termination, Creative may also enforce any rights
below. Upon receiving such a request, Creative
You agree that CDDB, Inc. may enforce its rights
provided by law. The provisions of this Agreement
shall determine whether you require such
under this Agreement against you directly in its
that protect the proprietary rights of Creative will
information for a legitimate purpose and, if so,
own name.
continue in force after termination.
Creative will provide such information to you
The CDDB Client and each item of CDDB Data
within a reasonable time and on reasonable
are licensed to you "AS IS." CDDB makes no
LIMITED WARRANTY
conditions.
representations or warranties, express or implied,
Creative warrants, as the sole warranty, that the
In any event, you will notify Creative of any
regarding the accuracy of any CDDB Data from in
disks on which the Software is furnished will be free
information derived from reverse engineering or
the CDDB Servers. CDDB reserves the right to
of defects, as set forth in the Warranty Card or
such other activities, and the results thereof will
delete data from the CDDB Servers or to change
printed manual included with the Software. No
constitute the confidential information of Creative
data categories for any cause that CDDB deems
distributor, dealer or any other entity or person is
that may be used only in connection with the
sufficient. No warranty is made that the CDDB
authorised to expand or alter this warranty or any
Software.
Client or CDDB Servers are error free or that
other provisions of this Agreement. Any
11.
For Software With CDDB Features
.
functioning of CDDB Client or CDDB Servers
representation, other than the warranties set forth in
This package includes applications which may
will be uninterrupted. CDDB is not obligated to
this Agreement, will not bind Creative.
contain software from CDDB, Inc.of Berkeley
provide you with any new enhanced or additional
Creative does not warrant that the functions
California ("CDDB"). The software from CDDB
data types or categories that CDDB may chose to
contained in the Software will meet your
(the "CDDB Client") enables the application to do
provide in the future.
requirements or that the operation of the Software
online disc identification and obtain music related
CDDB DISCLAIMS ALL WARRANTIES
will be uninterrupted, error free or free from
information, including name, artist, track and title
EXPRESS OR IMPLIED, INCLUDING, BUT
malicious code. For purposes of this paragraph,
information ("CDDB Data") from online servers
NOT LIMITED TO, IMPLIED WARRANTIES
malicious code means any program code designed
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