End user license agreement, Third party software, Governing law – RCA HC106 User Manual

Page 7: General terms, Windows media

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End User License Agreement

7

WM-DRM Software is sent to your device whenever you

download a license for Secure Content from the Internet or from

a PC. Microsoft may, in conjunction with such license, also

download revocation lists onto your device on behalf of Secure

Content Owners.

THIRD PARTY SOFTWARE

ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED

WITH THE PROGRAM IS INCLUDED FOR USE AT YOUR

OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY

SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH

THIRD PARTY’S LICENSE AGREEMENT, AN ELECTRONIC COPY

OF WHICH WILL BE INSTALLED IN THE APPROPRIATE

FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE

SOFTWARE. THOMSON IS NOT RESPONSIBLE FOR ANY

THIRD PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY

FOR YOUR USE OF THIRD PARTY SOFTWARE.

GOVERNING LAW

This Agreement is governed by the laws of the State of Indiana,

U.S.A. without regard to its conflict of laws.

GENERAL TERMS

This Agreement can only be modified by a written agreement

signed by you and Thomson, and changes from the terms and

conditions of this Agreement made in any other manner will be

of no effect. If any portion of this Agreement shall be held

invalid, illegal, or unenforceable, the validity, legality, and

enforceability of the remainder of the Agreement shall not in any

way be affected or impaired thereby. This Agreement is the

complete and exclusive statement of the agreement between you

and Thomson, which supersedes all proposals or prior

agreements, oral or written, and all other communications

between you and Thomson, relating to the subject matter of this

Agreement.

b) YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF

THE APPROPRIATE PROGRAM TO ACHIEVE YOUR INTENDED

RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS

OBTAINED.

WINDOWS MEDIA

This version of the RCA Player (the Player) contains software

licensed from Microsoft that enables you to play Windows Media

Audio (WMA) files (“WMA Software”).The WMA Software is

licensed to you for use with the RCA/THOMSON Portable Audio

Device digital music player under the following conditions. By

installing and using this version of the Player, you are agreeing

to these conditions. IF YOU DO NOT AGREE TO THE

CONDITIONS OF THIS END USER LICENSE AGREEMENT, DO

NOT INSTALL OR USE THIS VERSION OF THE Player.

The WMA Software is protected by copyright and other

intellectual property laws. This protection also extends to

documentation for the WMA Software, whether in written or

electronic form.

GRANT OF LICENSE. The WMA Software is only licensed to you

as follows:

You may use this version of the Player containing the WMA

Software only with the Portable Audio Device player.

You may not reverse engineer, decompile, or disassemble the

WMA Software, except and only to the extent that such activity is

expressly permitted by applicable law in spite of this limitation.

You may transfer your right to use this version of the Player only

as part of a sale or transfer of your Portable Audio Device player,

on the condition that the recipient agrees to the conditions in

this End User License Agreement. If the version of the Player

that you are transferring is an upgrade, you must also transfer all

prior versions of the Player that you have which include the

WMA Software.

MICROSOFT IS NOT PROVIDING ANY WARRANTY OF ANY

KIND TO YOU FOR THE WMA SOFTWARE, AND MICROSOFT

MAKES NO REPRESENTATION CONCERNING THE

OPERABILITY OF THE WMA SOFTWARE.

The WMA Software is of U.S. origin. Any export of this version

of the Player must comply with all applicable international and

national laws, including the U.S. Export Administration

Regulations, that apply to the WMA Software incorporated in the

Player.

Content providers are using the digital rights management

technology for Windows Media contained in this device (‘WM-

DRM’) to protect the integrity of their content ("Secure Content")

so that their intellectual property, including copyright, in such

content is not misappropriated. This device uses WM-DRM

software to play Secure Content (‘WM-DRM Software’). If the

security of the WM-DRM Software in this device has been

compromised, owners of Secure Content ("Secure Content

Owners") may request that Microsoft revoke the WM-DRM

Software’s right to acquire new licenses to copy, display and/or

play Secure Content. Revocation does not alter the WM-DRM

Software’s ability to play unprotected content. A list of revoked

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