to contaminate other computer programs or
was customised, repackaged or altered in any way
restrictions as set forth in subdivision (b)(3)(ii) of
computer data, consume computer resources,
by any third party other than Creative.
the Rights in Technical Data and Computer
modify, destroy, record, or transmit data, or in some
LIMITATION OF REMEDIES AND
Software Clause at 252.227 7013. If you are sub
other fashion usurp the normal operation of the
DAMAGES
licensing or using the Software outside of the United
computer, computer system, or computer network,
THE ONLY REMEDY FOR BREACH OF
States, you will comply with the applicable local
including viruses, Trojan horses, droppers, worms,
WARRANTY WILL BE THAT SET FORTH IN
laws of your country, U.S. export control law, and
logic bombs, and the like.
EXCEPT AS STATED
THE WARRANTY CARD OR PRINTED
the English version of this Agreement.
ABOVE IN THIS AGREEMENT, THE
MANUAL INCLUDED WITH THE
CONTRACTOR/MANUFACTURER
SOFTWARE IS PROVIDED AS IS WITHOUT
SOFTWARE. IN NO EVENT WILL
The Contractor/Manufacturer for the Software is:
WARRANTY OF ANY KIND, EITHER
CREATIVE OR ITS LICENSORS BE LIABLE
EXPRESS OR IMPLIED, INCLUDING, BUT
Creative Technology Ltd
FOR ANY INDIRECT, INCIDENTAL,
NOT LIMITED TO, ANY IMPLIED
31, International Business Park
SPECIAL OR CONSEQUENTIAL DAMAGES
WARRANTIES OF MERCHANTABILITY
Creative Resource
OR FOR ANY LOST PROFITS, LOST
AND FITNESS FOR A PARTICULAR
Singapore 609921
SAVINGS, LOST REVENUES OR LOST
PURPOSE. CREATIVE IS NOT OBLIGATED
DATA ARISING FROM OR RELATING TO
GENERAL
TO PROVIDE ANY UPDATES, UPGRADES
THE SOFTWARE OR THIS AGREEMENT,
This Agreement is binding on you as well as your
OR TECHNICAL SUPPORT FOR THE
EVEN IF CREATIVE OR ITS LICENSORS
employees, employers, contractors and agents, and
SOFTWARE.
HAVE BEEN ADVISED OF THE
on any successors and assignees. Neither the
Further, Creative shall not be liable for the accuracy
POSSIBILITY OF SUCH DAMAGES. IN NO
Software nor any information derived therefrom
of any information provided by Creative or third
EVENT WILL CREATIVE'S LIABILITY OR
may be exported except in accordance with the laws
party technical support personnel, or any damages
DAMAGES TO YOU OR ANY OTHER
of the U.S. or other applicable provisions. This
caused, either directly or indirectly, by acts taken or
PERSON EVER EXCEED THE AMOUNT
Agreement is governed by the laws of the State of
omissions made by you as a result of such technical
PAID BY YOU TO USE THE SOFTWARE,
California (except to the extent federal law governs
support.
REGARDLESS OF THE FORM OF THE
copyrights and federally registered trademarks).
This Agreement is the entire agreement between us
You assume full responsibility for the selection of
CLAIM.
and supersedes any other understandings or
the Software to achieve your intended results, and
Some countries/states do not allow the limitation or
agreements, including, but not limited to,
for the installation, use and results obtained from the
exclusion of liability for incidental or consequential
advertising, with respect to the Software. If any
Software. You also assume the entire risk as it
damages, so the above limitation or exclusion may
provision of this Agreement is deemed invalid or
applies to the quality and performance of the
not apply to you.
unenforceable by any country or government agency
Software. Should the Software prove defective, you
PRODUCT RETURNS
having jurisdiction, that particular provision will be
(and not Creative, or its distributors or dealers)
If you must ship the software to Creative or an
deemed modified to the extent necessary to make
assume the entire cost of all necessary servicing,
authorised Creative distributor or dealer, you must
the provision valid and enforceable, and the
repair or correction.
prepay shipping and either insure the software or
remaining provisions will remain in full force and
This warranty gives you specific legal rights, and
assume all risk of loss or damage in transit.
effect.
you may also have other rights which vary from
U.S. GOVERNMENT RESTRICTED RIGHTS
For questions concerning this Agreement, please
country/state to country/state. Some countries/states
All Software and related documentation are
contact Creative at the address stated above. For
do not allow the exclusion of implied warranties, so
provided with restricted rights. Use, duplication or
questions on product or technical matters, contact
the above exclusion may not apply to you. Creative
disclosure by the U.S. Government is subject to
the Creative technical support centre nearest you.
disclaims all warranties of any kind if the Software
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