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PLEASE READ THIS DOCUMENT CAREFULLY. YOU MUST AGREE TO THE TERMS OF THIS AGREEMENT
BEFORE DOWNLOADING, INSTALLING, OR USING THE SOFTWARE.

IF YOU ARE PLANNING TO DOWNLOAD AND USE TRIAL SOFTWARE FROM THIS WEBSITE OR FROM A
CD/DVD, PLEASE SPECIFICALLY READ THROUGH THE SECTION TITLED “ADDITIONAL PROVISIONS FOR
TRIAL SOFTWARE” IN ADDITION TO THE TERMS AND CONDITIONS CONTAINED HEREUNDER. PLEASE
DO NOT DOWNLOAD OR USE THE TRIAL SOFTWARE UNTIL YOU HAVE READ AND AGREED WITH THE
TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE SECTION TITLED “ADDITIONAL
PROVISIONS FOR TRIAL SOFTWARE”.

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
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
Grant of License
The Software is licensed, not sold, to you for use only under the terms of this Agreement. This License
Agreement is your proof of license to exercise the rights granted herein and must be retained by you.
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. Creative grants to
you the right to use all or a portion of this Software provided that
(a) the Software is not distributed for profit;
(b) the Software is used only in conjunction with Creative’s family of products;
© the Software is NOT modified; and
(d) all copyright notices are maintained on the Software.

For Use on a Single Computer or Device

The Software may be used only on a single computer or Creative device (“Device”) by a single user at
any time. You may transfer the machine-readable portion of the Software from one computer to
another computer if the Software was installed from a CD/DVD, 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.
You may not transfer the Software from a Device to a computer or another device.

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 or
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Device 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.

Copyright
The Software is owned by Creative and/or its licensors, and is protected by United States copyright
laws and international treaty provisions. You may not remove or alter the copyright notice from any
copy of the Software or any copy of the written materials, if any, accompanying the Software. Other
then the rights expressly set forth herein, this Agreement does not grant you any intellectual property
rights in the Software. All rights not expressly granted by Creative are reserved by Creative and/or its
licensors.

One Archival Copy (Section 5 shall not apply to Trial Software)

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 (if the Software was
originally on a CD/DVD), provided that you reproduce on the copy all copyright and other proprietary
rights notices included on the originals of the Software.

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 on the
originals of the Software.

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”.

No Transfer of License
You may not transfer your license of the Software to a third party.

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 any form of public display.
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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 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 in its sole discretion whether to provide such information to you.

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.

Gracenote® CDDB® Terms of Use

This application or device may contain software from Gracenote, Inc. Of Emeryville, California
(“Gracenote”). The software from Gracenote (the “Gracenote Software”) enables this application to
perform disc and/or file identification and obtain music-related information, including name, artist,
track, and title information (“Gracenote Data”) from online servers or embedded databases
(collectively, “Gracenote Servers”) and to perform other functions. You may use Gracenote Data only
by means of the intended End-User functions of this application or device.

You acknowledge and agree that Creative does not make any representation, undertaking or warranty,
either express, implied, or otherwise regarding the provision, continuity of provision and/or use of
Gracenote Client, Gracenote Data or Gracenote Server or related materials. You specifically agree that
Creative does not guarantee that you will be able to access Gracenote services throughout the term of
this Agreement.

You further acknowledge and agree that Creative shall not be responsible or liable, directly or
indirectly, for any damage or loss caused by or alleged to be caused by or in connection with the use of
or inability to use Gracenote Client, Gracenote Data or Gracenote Server or related materials.

You agree that you will use Gracenote Data, the Gracenote Software, and Gracenote Servers for your
own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the
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Gracenote Software or any Gracenote Data (except in a Tag associated with a music file) to any third
party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE SOFTWARE, OR
GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.

You agree that your non-exclusive license to use the Gracenote Data, the Gracenote Software, and
Gracenote Servers will terminate if you violate these restrictions. If your license terminates, you agree
to cease any and all use of the Gracenote Data, the Gracenote Software, and Gracenote Servers.
Gracenote reserves all rights in Gracenote Data, the Gracenote Software, and the Gracenote Servers,
including all ownership rights. Under no circumstances will Gracenote become liable for any payment
to you for any information that you provide. You agree that Gracenote, Inc. May enforce its rights
under this Agreement against you directly in its own name.

The Gracenote service uses a unique identifier to track queries for statistical purposes. The purpose of
a randomly assigned numeric identifier is to allow the Gracenote service to count queries without
knowing anything about who you are. For more information, see the Gracenote web page for the
Gracenote Privacy Policy for the Gracenote service.

The Gracenote Software and each item of Gracenote Data are licensed to you “AS IS.” Gracenote
makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote
Data from in the Gracenote Servers. Gracenote reserves the right to delete data from the Gracenote
Servers or to change data categories for any cause that Gracenote deems sufficient. No warranty is
made that the Gracenote Software or Gracenote Servers are error-free or that functioning of
Gracenote Software or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide
you with new enhanced or additional data types or categories that Gracenote may provide in the
future and is free to discontinue its services at any time.

GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-
INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR
USE OF THE GRACENOTE SOFTWARE OR ANY GRACENOTE SERVER. IN NO CASE WILL GRACENOTE BE
LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST
REVENUES.

TERMINATION
The license granted to you is effective until terminated. You may terminate it at any time by destroying
the Software (including any portions or copies thereof) currently in your possession or control. The
license will also terminate automatically without any notice from Creative if you fail to comply with any
term or condition of this Agreement. You agree upon any such termination to destroy the Software
(including any portions or copies thereof). Upon termination, Creative may also enforce any and all
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rights provided by law. The provisions of this Agreement that protect the proprietary rights of Creative
will continue in force after termination.

NO WARRANTY
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE
ONLY WITH CREATIVE’S HARDWARE AND RELATED SOFTWARE. THE SOFTWARE IS PROVIDED FOR USE
“AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. CREATIVE IS NOT OBLIGATED TO PROVIDE ANY
UPDATES OR UPGRADES TO THE SOFTWARE.

No distributor, dealer or any other entity or person is authorized to expand or alter this warranty or
any other provisions of this Agreement. Creative does not warrant that the functions contained in the
Software will meet your requirements or that the operation of the Software will be uninterrupted or
error-free or free from malicious code. For purposes of this paragraph, “malicious code” means any
program code designed to contaminate other programs or data, consume resources, modify, destroy,
record, or transmit data, or in some other fashion usurp the normal operation of the computer,
computer system, computer network, or other devices, including viruses, Trojan horses, droppers,
worms, logic bombs, and the like.

Any representation, other than the warranties set forth in this Agreement, will not bind Creative. You
assume full responsibility for the selection of the Software to achieve your intended results, and for the
downloading, use and results obtained from the Software. You also assume the entire risk as it applies
to the quality and performance of the Software. Should the Software prove defective, you (and not
Creative, or its distributors or dealers) assume the entire cost of all necessary servicing, repair or
correction.

Further, Creative shall not be liable for the accuracy of any information provided by Creative or third-
party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or
omissions made by you as a result of such technical support.

This warranty gives you specific legal rights, and you may also have other rights which vary from
country/state to country/state. Some countries/states do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. Creative disclaims all warranties of any kind if
the Software was customized, repackaged or altered in any way by any third party other than Creative.

DISCLAIMER OF DAMAGES: LIMITATION OF LIABILITY (Section 14 shall not apply to Trial Software.
Please refer to Clause C under “Additional Provisions for Trial Software”.)
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IN NO EVENT SHALL CREATIVE OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES,
OR FOR ANY PERSONAL INJURY OR BODILY INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY
CREATIVE’S NEGLIGENCE, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO
USE THIS SOFTWARE, EVEN IF CREATIVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. IN NO EVENT WILL CREATIVE’S LIABILITY OR DAMAGES TO YOU OR ANY OTHER
PERSON EVER EXCEED THE AMOUNT PAID BY YOU TO USE THE SOFTWARE, REGARDLESS OF THE FORM
OF THE CLAIM. BECAUSE SOME STATES/ COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.

INDEMNIFICATION BY YOU
If you distribute the Software in violation of this Agreement, you hereby indemnify, hold harmless and
defend Creative from and against any and all claims or lawsuits, including attorney’s fees and costs that
arise, result from or are connected with the use or distribution of the Software in violation of this
Agreement.

U.S. GOVERNMENT RESTRICTED RIGHTS

All Software and related documentation are provided with restricted rights. Use, duplication or
disclosure by the U.S. Government (including any agency) is subject to restrictions as set forth in the
Code of Federal Regulations, including but not limited to the Rights in Technical Data and Computer
Software Clause of the Federal Acquisition Regulations. If you are licensing, sub-licensing or using the
Software outside of the United States, you will comply with the applicable local laws of your country,
U.S. export control law, and the English version of this Agreement.

CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
Creative Technology Ltd
31 International Business Park
Creative Resource
Singapore 609921

GENERAL
This Agreement is binding on you as well as your employees, employers, contractors and agents, and
on any successors and permitted assignees. Neither the Software nor any information derived
therefrom may be exported except in accordance with the laws of the U.S. or other applicable
provisions. This Agreement is governed by the laws of the State of California (except to the extent
federal law governs copyrights and federally registered trademarks). This Agreement is the entire
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agreement between us and you agree that Creative will not have any liability for untrue statement or
representation made by it, its agents or anyone else (whether innocently or negligently) upon which
you relied upon entering this Agreement, unless such untrue statement or representation was made
fraudulently. This Agreement supersedes any other understandings or agreements, including, but not
limited to, advertising, with respect to the Software.

If any provision of this Agreement is deemed invalid or unenforceable by any country or government
agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to
make the provision valid and enforceable, and the remaining provisions will remain in full force and
effect.

For questions concerning this Agreement, please contact Creative at the address stated above. For
questions on product or technical matters, contact the Creative technical support center nearest you.

This package may include software with DVD-Audio and/or DVD-Video functionality for you to play
content-protected DVD-Audio and/or DVD-Video discs. The functionality of this Software may be lost if
the content protection system is compromised. In this event, your sole remedy to restore such
functionality is to download a product update from Creative’s website.
ADDENDUM TO THE MICROSOFT SOFTWARE LICENSE AGREEMENT
IMPORTANT: By using the Microsoft software files (the “Microsoft Software”) provided with this
Addendum, you are agreeing to be bound by the following terms. If you do not agree to be bound by
these terms, you may not use the Microsoft Software。

The Microsoft Software is provided for the sole purpose of replacing the corresponding files provided
with a previously licensed copy of the Microsoft software product (“ORIGINAL PRODUCT”). Upon
installation, the Microsoft Software files become part of the ORIGINAL PRODUCT and are subject to the
same warranty and license terms and conditions as the ORIGINAL PRODUCT. If you do not have a valid
license to use the ORIGINAL PRODUCT, you may not use the Microsoft Software. Any other use of the
Microsoft Software is prohibited.

Nothing in this Agreement shall be construed on the part of Creative as advocating or authorizing the
infringement of local and/or international laws applicable to your jurisdiction.

DRM /PlayReady ADDENDUM

The following addendum is applicable to products containing Windows Media digital rights
management technology (WMDRM) and/or PlayReady™ technology.

Content owners use Windows Media digital rights management technology (WMDRM) to protect their
intellectual property, including copyrights. This device uses WMDRM software to access WMDRM-
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protected content. If the WMDRM software fails to protect the content, content owners may ask
Microsoft to revoke the software’s ability to use WMDRM to play or copy protected content.
Revocation does not affect unprotected content. When you download licenses for protected content,
you agree that Microsoft may include a revocation list with the licenses. Content owners may require
you to upgrade WMDRM to access their content. If you decline an upgrade, you will not be able to
access content that requires the upgrade.

Content owners use Microsoft PlayReady content access technology to protect their intellectual
property, including copyrighted content. This device uses PlayReady technology to access PlayReady-
protected content and/or WMDRM-protected content. If the device fails to properly enforce
restrictions on content usage, content owners may require Microsoft to revoke the device’s ability to
consume PlayReady-protected content. Revocation should not affect unprotected content or content
protected by other content access technologies. Content owners may require you to upgrade
PlayReady to access their content. If you decline an upgrade, you will not be able to access content
that requires the upgrade.

ANDROID ADDENDUM
The following addendum is applicable to products containing the Android operating system.

You acknowledge that the Android OS is the copyright of Google Inc., a Delaware corporation, and
where applicable, is licensed under the Apache License, Version 2.0 (the “License”); you may not use
the Android OS except in compliance with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in
writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific
language governing permissions and limitations under the License. You further acknowledge that
Android is a trademark of Google Inc. Use of the Android trademark is subject to Google Permissions.

ADOBE ADDENDUM
The following addendum is applicable to products containing the Adobe Flash® Player, Adobe AIR,
and/or Flash Lite™.

You acknowledge and agree that your ability to access content from a given source may depend on
obtaining and installing an updated version of the applicable software.

You acknowledge and agree that your digital certificate/public key may be revoked and your ability to
access content from a given source may depend on obtaining and installing an updated version of the
applicable software containing a new digital certificate/public key.
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COPYRIGHT INFORMATION FOR USERS OF CREATIVE PRODUCTS

Certain Creative products are designed to assist you in reproducing material for which you own the
copyright or are authorized to copy by the copyright owner or by exemption in applicable law. Unless
you own the copyright or have such authorization, you may be violating copyright law and may be
subject to payment of damages and other remedies. If you are uncertain about your rights, you should
contact your legal advisor.

It is your responsibility when using a Creative product to ensure there is no infringement of applicable
laws on copyright whereby the copying of certain materials may require the prior consent of the
copyright owners. Creative disclaims any liability with regard to any illegal use of the Creative product
and Creative shall in no event be liable with regard to the origin of any data stored in a compressed
audio or video file。

You acknowledge and agree that the exportation or use of MP3 Codecs that may be included with your
software, in real-time broadcasting (terrestrial, satellite, cable or other media) or broadcasting via
Internet or other networks, such as but not limited to intranets etc., in pay-audio or pay-on-demand
applications, is not authorized and/or licensed.

SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION

If you downloaded the Software in the European Union (EU), the following provisions also apply to you.
If there is any inconsistency between the terms of the Software License Agreement set out above and
the following provisions, the following provisions shall take PRECEDENCE.

Decompilation:
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 hard copy 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 earlier. 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