Creative End-User Software License Agreement

Version 2.5, July 2001

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 THE 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 REFUND.
This is a legal agreement between you and Creative Technology Ltd. copy of the Software or any copy of the written materials, if any, visible to the user in connection with normal use of the Software.
and its subsidiaries (“Creative”). This Agreement states the terms and accompanying the Software. In particular, you agree not for any purpose to transmit the
conditions upon which Creative offers to license the software sealed 5. One Archival Copy Software or display the Software's object code on any computer
in the disk package together with all related documentation and You may make one (1) archival copy of the machine-readable screen or to make any hardcopy memory dumps of the Software's
accompanying items including, but not limited to, the executable portion of the Software for backup purposes only in support of object code. If you believe you require information related to the
programs, drivers, libraries and data files associated with such your use of the Software on a single computer, provided that you interoperability of the Software with other programs, you shall not
programs (collectively, the “Software”). reproduce on the copy all copyright and other proprietary rights decompile or disassemble the Software to obtain such information,
notices included on the originals of the Software. and you agree to request such information from Creative at the
LICENSE
6. No Merger or Integration address listed below. Upon receiving such a request, Creative shall
1. Grant of License
You may not merge any portion of the Software into, or integrate determine whether you require such information for a legitimate
The Software is licensed, not sold, to you for use only under the
any portion of the Software with, any other program, except to the purpose and, if so, Creative will provide such information to you
terms of this Agreement. You own the disk or other media on
extent expressly permitted by the laws of the jurisdiction where within a reasonable time and on reasonable conditions.
which the Software is originally or subsequently recorded or fixed;
you are located. Any portion of the Software merged into or In any event, you will notify Creative of any information derived
but, as between you and Creative (and, to the extent applicable, its
integrated with another program, if any, will continue to be subject from reverse engineering or such other activities, and the results
licensors), Creative retains all title to and ownership of the
to the terms and conditions of this Agreement, and you must thereof will constitute the confidential information of Creative that
Software and reserves all rights not expressly granted to you.
reproduce on the merged or integrated portion all copyright and may be used only in connection with the Software.
The license under this Section 1 is conditioned upon your
other proprietary rights notices included in the originals of the 11.For Software with CDDB features
compliance with all of your obligations under this Agreement.
Software. This package includes applications which may contain software
Creative grants to you the right to use all or a portion of this
7. Network Version from CDDB, Inc.of Berkeley California ("CDDB"). The software
Software provided that
If you have purchased a “network” version of the Software, this from CDDB (the "CDDB Client") enables the application to do
(a) the Software is not distributed for profit;
Agreement applies to the installation of the Software on a single online disc identification and obtain music-related information,
(b) the Software is used only in conjunction with Creative's family
“file server”. It may not be copied onto multiple systems. Each including name, artist, track and title information ("CDDB Data")
of products;
“node” connected to the “file server” must also have its own from online servers ("CDDB Servers") and to perform other
(c) the Software may NOT be modified;
license of a “node copy” of the Software, which becomes a license functions.
(d) all copyright notices are maintained on the Software; and
only for that specific “node”. You agree that you will use CDDB Data, the CDDB Client and
(e) the licensee/end-user agrees to be bound by the terms of this
CDDB Servers for your own personal non-commercial use only.
Agreement. 8. Transfer of License
You agree not to assign, copy, transfer or transmit the CDDB
2. For Use on a Single Computer You may transfer your license of the Software, provided that (a)
Client or any CDDB Data to any third party. YOU AGREE NOT
The Software may be used only on a single computer by a single you transfer all portions of the Software or copies thereof, (b) you
TO USE OR EXPLOIT CDDB DATA, THE CDDB CLIENT, OR
user at any time. You may transfer the machine-readable portion of do not retain any portion of the Software or any copy thereof, and
CDDB SERVERS, EXCEPT AS EXPRESSLY PERMITTED
the Software from one computer to another computer, provided (c) the transferee reads and agrees to be bound by the terms and
HEREIN.
that (a) the Software (including any portion or copy thereof) is conditions of this Agreement.
You agree that your non-exclusive license to use the CDDB Data,
erased from the first computer and (b) there is no possibility that 9. Limitations on Using, Copying, and Modifying the Software the CDDB Client and CDDB Servers will terminate if you violate
the Software will be used on more than one computer at a time. Except to the extent expressly permitted by this Agreement or by these restrictions. If your license terminates, you agree to cease any
3. Stand-Alone Basis the laws of the jurisdiction where you acquired the Software, you and all use of the CDDB Data, the CDDB Client and CDDB
You may use the Software only on a stand-alone basis, such that may not use, copy or modify the Software. Nor may you sub- Servers. CDDB reserves all rights in CDDB Data, the CDDB
the Software and the functions it provides are accessible only to license any of your rights under this Agreement. You may use the Client and the CDDB Servers, including all ownership rights. You
persons who are physically present at the location of the computer Software for your personal use only, and not for public agree that CDDB, Inc. may enforce its rights under this Agreement
on which the Software is loaded. You may not allow the Software performance or for the creation of publicly displayed videotapes. against you directly in its own name.
or its functions to be accessed remotely, or transmit all or any 10.Decompiling, Disassembling, or Reverse Engineering The CDDB Client and each item of CDDB Data are licensed to you
portion of the Software through any network or communication You acknowledge that the Software contains trade secrets and "AS-IS." CDDB makes no representations or warranties, express
line. other proprietary information of Creative and its licensors. Except or implied, regarding the accuracy of any CDDB Data from in the
4. Copyright to the extent expressly permitted by this Agreement or by the laws CDDB Servers. CDDB reserves the right to delete data from the
The Software is owned by Creative and/or its licensees and is of the jurisdiction where you are located, you may not decompile, CDDB Servers or to change data categories for any cause that
protected by United States copyright laws and international treaty disassemble or otherwise reverse engineer the Software, or engage CDDB deems sufficient. No warranty is made that the CDDB
provisions. You may not remove the copyright notice from any in any other activities to obtain underlying information that is not
 Client or CDDB Servers are error-free or that functioning of SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF subject to restrictions as set forth in subdivision (b)(3)(ii) of the
CDDB Client or CDDB Servers will be uninterrupted. CDDB is ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT Rights in Technical Data and Computer Software Clause at 252.227-
not obligated to provide you with any new enhanced or additional NOT LIMITED TO, ANY IMPLIED WARRANTIES OF 7013. If you are sub-licensing or using the Software outside of the
data types or categories that CDDB may choose to provide in the MERCHANTABILITY OR FITNESS FOR A PARTICULAR United States, you will comply with the applicable local laws of your
future. PURPOSE. CREATIVE IS NOT OBLIGATED TO PROVIDE ANY country, U.S. export control law, and the English version of this
CDDB DISCLAIMS ALL WARRANTIES EXPRESS OR UPDATES, UPGRADES OR TECHNICAL SUPPORT FOR THE Agreement.
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED SOFTWARE. CONTRACTOR/MANUFACTURER
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A Further, Creative shall not be liable for the accuracy of any
PARTICULAR PURPOSE, TITLE AND NON- The Contractor/Manufacturer for the Software is:
information provided by Creative or third party technical support
INFRINGEMENT. CDDB does not warrant the results that will be personnel, or any damages caused, either directly or indirectly, by acts Creative Technology Ltd
obtained by your use of the CDDB Client or any CDDB Server. IN taken or omissions made by you as a result of such technical support. 31, International Business Park
NO CASE WILL CDDB BE LIABLE FOR ANY Creative Resource
You assume full responsibility for the selection of the Software to
CONSEQUENTIAL OR INCIDENTIAL DAMAGES, OR FOR Singapore 609921
achieve your intended results, and for the installation, use and results
ANY LOST PROFITS, OR LOST REVENUES. obtained from the Software. You also assume the entire risk as it GENERAL
TERMINATION applies to the quality and performance of the Software. Should the This Agreement is binding on you as well as your employees,
The license granted to you is effective until terminated. You may Software prove defective, you (and not Creative, or its distributors or employers, contractors and agents, and on any successors and
terminate it at any time by returning the Software (including any dealers) assume the entire cost of any and all necessary servicing, assignees. Neither the Software nor any information derived
portions or copies thereof) to Creative. The license will also terminate repair or correction. therefrom may be exported except in accordance with the laws of the
automatically without any notice from Creative if you fail to comply This warranty gives you specific legal rights, and you may also have U.S. or other applicable provisions. This Agreement is governed by
with any term or condition of this Agreement. You agree upon such other rights which vary from country/state to country/state. Some the laws of the State of California (except to the extent federal law
termination to return the Software (including any portions or copies countries/states do not allow the exclusion of implied warranties, so governs copyrights and federally registered trademarks). This
thereof) to Creative. Upon termination, Creative may also enforce any the above exclusion may not apply to you. Creative disclaims all Agreement is the entire agreement between us and you agree that
rights provided by law. The provisions of this Agreement that protect warranties of any kind if the Software was customized, repackaged or Creative will not have any liability for any untrue statement or
the proprietary rights of Creative will continue in force after altered in any way by any third party other than Creative. representation made by it, its agents or anyone else (whether
termination. innocently or negligently) upon which you relied upon entering this
LIMITATION OF REMEDIES AND DAMAGES Agreement, unless such untrue statement or representation was made
LIMITED WARRANTY THE ONLY REMEDY FOR BREACH OF WARRANTY WILL BE fraudulently. This Agreement supersedes any other understandings or
Creative warrants, as the sole warranty, that the disks on which the THAT SET FORTH IN THE WARRANTY CARD OR MANUAL agreements, including, but not limited to, advertising, with respect to
Software is furnished will be free of defects, as set forth in the INCLUDED WITH THE SOFTWARE. IN NO EVENT WILL the Software. If any provision of this Agreement is deemed invalid or
Warranty Card or printed manual included with the Software. No CREATIVE OR ITS LICENSORS BE LIABLE FOR ANY unenforceable by any country or government agency having
distributor, dealer or any other entity or person is authorized to INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL jurisdiction, that particular provision will be deemed modified to the
expand or alter this warranty or any other provisions of this DAMAGES OR FOR ANY LOST PROFITS, LOST SAVINGS, extent necessary to make the provision valid and enforceable, and the
Agreement. Any representation, other than the warranties set forth in LOSS OF USE, LOST REVENUES OR LOST DATA ARISING remaining provisions will remain in full force and effect.
this Agreement, will not bind Creative. FROM OR RELATING TO THE SOFTWARE OR THIS
For questions concerning this Agreement, please contact Creative at
AGREEMENT, EVEN IF CREATIVE OR ITS LICENSORS HAVE
Creative does not warrant that the functions contained in the Software the address stated above. For questions on product or technical
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
will meet your requirements or that the operation of the Software will matters, contact the Creative technical support center nearest you.
IN NO EVENT WILL CREATIVE’S LIABILITY OR DAMAGES
be uninterrupted, error-free or free from malicious code. For purposes
TO YOU OR ANY OTHER PERSON EVER EXCEED THE ADDENDUM TO THE MICROSOFT SOFTWARE LICENSE
of this paragraph, “malicious code” means any program code
AMOUNT PAID BY YOU TO USE THE SOFTWARE, AGREEMENT
designed to contaminate other computer programs or computer data,
REGARDLESS OF THE FORM OF THE CLAIM. IMPORTANT: By using the Microsoft software files (the “Microsoft
consume computer resources, modify, destroy, record, or transmit
data, or in some other fashion usurp the normal operation of the Some countries/states do not allow the limitation or exclusion of Software”) provided with this Addendum, you are agreeing to be
computer, computer system, or computer network, including viruses, liability for incidental or consequential damages, so the above bound by the following terms. If you do not agree to be bound by
Trojan horses, droppers, worms, logic bombs, and the like. limitation or exclusion may not apply to you. these terms, you may not use the Microsoft Software.
PRODUCT RETURNS The Microsoft Software is provided for the sole purpose of replacing
INDEMNIFICATION BY YOU the corresponding files provided with a previously licensed copy of
If you distribute the Software in violation of this Agreement, you If you must ship the software to Creative or an authorized Creative
the Microsoft software product (“ORIGINAL PRODUCT”). Upon
hereby indemnify, hold harmless and defend Creative from and distributor or dealer, you must prepay shipping and either insure the
installation, the Microsoft Software files become part of the
against any and all claims or lawsuits, including attorney's fees and Software or assume all risk of loss or damage in transit.
ORIGINAL PRODUCT and are subject to the same warranty and
costs that arise, result from or are connected with the use or U.S. GOVERNMENT RESTRICTED RIGHTS license terms and conditions as the ORIGINAL PRODUCT. If you do
distribution of the Software in violation of this Agreement. All Software and related documentation are provided with restricted not have a valid license to use the ORIGINAL PRODUCT, you may
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE rights. Use, duplication or disclosure by the U.S. Government is not use the Microsoft Software. Any other use of the Microsoft
Software is prohibited. of Goods Act 1893 (as amended). All cables used to connect the computer and peripherals must be
Nothing in this Agreement shall be construed on the part of Creative shielded and grounded. Operation with non-certified computers or
GENERAL
as advocating or authorising the infringement of local and/or non-shielded cables may result in interference to radio or television
This Agreement is governed by the laws of the Republic of Ireland.
international laws applicable to your jurisdiction. reception.
The local language version of this agreement shall apply to Software
Modifications
SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN acquired in the EU. This Agreement is the entire agreement between
UNION us, and you agree that Creative will not have any liability for any Any changes or modifications not expressly approved by the
IF YOU ACQUIRED THE SOFTWARE IN THE EUROPEAN untrue statement or representation made by it, its agents or anyone manufacturer of this device could void the user’s authority to operate
UNION (EU), THE FOLLOWING PROVISIONS ALSO APPLY else (whether innocently or negligently) upon which you relied upon the device.
TO YOU. IF THERE IS ANY INCONSISTENCY BETWEEN THE entering this Agreement, unless such untrue statement or
representation was made fraudulently.
Notice for Canada
TERMS OF THE SOFTWARE LICENSE AGREEMENT SET OUT
EARLIER AND IN THE FOLLOWING PROVISIONS, THE This apparatus complies with the Class “B” limits for radio
FOLLOWING PROVISIONS SHALL TAKE PRECEDENCE. Safety & Regulatory Information interference as specified in the Canadian Department of
The following sections contain notices for various countries: Communications Radio Interference Regulations.
DECOMPILATION
You agree not for any purpose to transmit the Software or display the CAUTION: This device is intended to be connected by the user to a Cet appareil est conforme aux normes de CLASSE “B” d’interférence
Software’s object code on any computer screen or to make any hard CSA/TUV/UL certified/listed IBM AT or compatible personal radio tel que spécifié par le Ministère Canadien des Communications
copy memory dumps of the Software’s object code. If you believe you computer in the manufacturer’s defined operator access area. Check dans les règlements d’interférence radio.
require information related to the interoperability of the Software with the equipment operating/installation manual and/or with the
equipment manufacturer to verify/confirm if your equipment is Compliance
other programs, you shall not decompile or disassemble the Software
to obtain such information, and you agree to request such information suitable for devices. This product conforms to the following Council Directive:
from Creative at the address listed earlier. Upon receiving such a ATTENTION: Ce périphérique est destiné à être connecté par ❑ Directive 89/336/EEC, 92/31/EEC (EMC), 73/23/EEC (LVD),
request, Creative shall determine whether you require such l’utilisateur à un ordinateur IBM AT certifié ou listé CSA/TUV/UL as amended by directive 93/68/EEC.
information for a legitimate purpose and, if so, Creative will provide ou compatible, à l’intérieur de la zone d'accès définie par le fabricant.
such information to you within a reasonable time and on reasonable Consulter le mode d’emploi/guide d'installation et/ou le fabricant de Copyright Information for users
conditions. l’appareil pour vérifier ou confirmer qu'il est possible de connecter
d'autres périphériques à votre sytème. of Creative products
LIMITED WARRANTY
Certain Creative products are designed to assist you in reproducing
EXCEPT AS STATED EARLIER IN THIS AGREEMENT, AND Notice for the USA material for which you own the copyright or are authorized to copy by
AS PROVIDED UNDER THE HEADING “STATUTORY the copyright owner or by exemption in applicable law. Unless you
RIGHTS”, THE SOFTWARE IS PROVIDED AS-IS WITHOUT FCC Part 15: This equipment has been tested and found to comply
own the copyright or have such authorization, you may be violating
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, with the limits for a Class B digital device, pursuant to Part 15 of the
copyright law and may be subject to payment of damages and other
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED FCC Rules. These limits are designed to provide reasonable
remedies. If you are uncertain about your rights, you should contact
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, protection against harmful interference in a residential installation.
your legal advisor.
QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. This equipment generates, uses, and can radiate radio frequency
energy and, if not installed and used in accordance with the It is your responsibility when using a Creative product to ensure there
LIMITATION OF REMEDY AND DAMAGES
instructions, may cause harmful interference to radio is no infringement of applicable laws on copyright whereby the
THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE
communications. However, this notice is not a guarantee that copying of certain materials may require the prior consent of the
SOFTWARE LICENSE AGREEMENT SHALL NOT APPLY TO
interference will not occur in a particular installation. If this copyright owners. Creative disclaims any liability with regard to any
PERSONAL INJURY (INCLUDING DEATH) TO ANY PERSON
equipment does cause harmful interference to radio or television illegal use of the Creative product and Creative shall in no event be
CAUSED BY CREATIVE’S NEGLIGENCE AND ARE SUBJECT
reception, which can be determined by turning the equipment off and liable with regard to the origin of any data stored in a compressed
TO THE PROVISION SET OUT UNDER THE HEADING
on, the user is encouraged to try one or more of the following audio file.
“STATUTORY RIGHTS”.
measures: You acknowledge and agree that the use of MP3 Codecs in real-time
STATUTORY RIGHTS broadcasting (terrestrial, satellite, cable or other media) or
Irish law provides that certain conditions and warranties may be ❑ Reorient or relocate the receiving antenna. broadcasting via Internet or other networks, such as but not limited to
implied in contracts for the sale of goods and in contracts for the ❑ Increase the distance between the equipment and receiver. intranets etc., in pay-audio or pay-on-demand applications, is not
supply of services. Such conditions and warranties are hereby ❑ Connect the equipment to an outlet on a circuit different from authorised and/or licensed (http://www.iis.fhg.de/amm/).
excluded, to the extent such exclusion, in the context of this that to which the receiver is connected.
transaction, is lawful under Irish law. Conversely, such conditions ❑ Consult the dealer or an experienced radio/TV technician.
and warranties, insofar as they may not be lawfully excluded, shall
apply. CAUTION: To comply with the limits for the Class B digital device,
pursuant to Part 15 of the FCC Rules, this device must be installed in
Accordingly nothing in this Agreement shall prejudice any rights that
computer equipment certified to comply with the Class B limits.
you may enjoy by virtue of Sections 12, 13, 14 or 15 of the Irish Sale
 Declaration of Conformity Declaration of Conformity
According to the FCC96 208 and ET95-19, According to the FCC96 208 and ET95-19,
Name: Creative Labs, Inc. Name: Creative Labs, Inc.
Address: 1901 McCarthy Boulevard Address: 1901 McCarthy Boulevard
Milpitas, CA. 95035 Milpitas, CA. 95035
United States United States
Tel: (408) 428-6600 Tel: (408) 428-6600
declares under its sole responsibility that the product declares under its sole responsibility that the product
Trade Name: Creative Labs Trade Name: Creative Labs
Model Numbers: DAP-3205 Model Numbers: DAP-6406
has been tested according to the FCC / CISPR22/85 has been tested according to the FCC / CISPR22/85
requirement for Class B devices and found compliant requirement for Class B devices and found compliant
with the following standards: with the following standards:
EMI/EMC: ANSI C63.4 1992, FCC Part 15 Subpart B EMI/EMC: ANSI C63.4 1992, FCC Part 15 Subpart B
Complies with Canadian ICES-003 Class B. Complies with Canadian ICES-003 Class B.

This device complies with part 15 of the FCC Rules. This device complies with part 15 of the FCC Rules.
Operation is subject to the following two conditions: Operation is subject to the following two conditions:
1. This device may not cause harmful interference, and 1. This device may not cause harmful interference, and
2. This device must accept any interference received, 2. This device must accept any interference received,
including interference that may cause undesirable including interference that may cause undesirable
operation. operation.
Ce matériel est conforme à la section 15 des régles FCC. Ce matériel est conforme à la section 15 des régles FCC.
Son Fonctionnement est soumis aux deux conditions Son Fonctionnement est soumis aux deux conditions
suivantes: suivantes:
1. Le matériel ne peut étre source D’interférences et 1. Le matériel ne peut étre source D’interférences et
2. Doit accepter toutes les interférences reques, Y compris 2. Doit accepter toutes les interférences reques, Y compris
celles pouvant provoquer un fonctionnement indésirable. celles pouvant provoquer un fonctionnement indésirable.
Supplementary Information: Supplementary Information:
DAP-3205 == Standard Model with 32 Mbyte of onboard DAP-6406 == Standard Model with 64 MByte of onboard
memory, without FM Radio. memory. DAP-6406 is identical to DAP-6406 but without
Compliance Manager FM radio.
Creative Labs, Inc. Compliance Manager
March 12, 2001 Creative Labs, Inc.

October 5, 2001
 Version 2.5 2001 7

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