End user license agreement – RCA M4001 User Manual

Page 6

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IMPORTANT: READ CAREFULLY BEFORE DOWNLOADING

OR INSTALLING THIS SOFTWARE!

THIS END USER LICENSE AGREEMENT (THIS “EULA”) IS A

LEGAL AGREEMENT BETWEEN YOU AND THOMSON INC.,

OR ANY THOMSON GROUP ENTITY, AS DEFINED BELOW

(COLLECTIVELY “THOMSON ENTITY”), FOR THE RCA OR

THOMSON BRANDED PORTABLE DIGITAL AUDIO/VIDEO

DEVICE APPLICATION/DRIVER SOFTWARE PROGRAM AND

ASSOCIATED DOCUMENTATION, IF ANY (COLLECTIVELY,

THE “PROGRAM”). THIS EULA CONTAINS IMPORTANT

LEGAL LIMITATIONS, RESTRICTIONS AND DISCLAIMERS,

AND ALSO SPECIFIES THE DURATION OF YOUR LICENSE.

BY INSTALLING THE PROGRAM OR CLICKING ON THE

ACCEPTANCE BUTTON OF THE PROGRAM, COPYING OR

OTHERWISE USING THE PROGRAM, YOU ACKNOWLEDGE

AND AGREE THAT YOU HAVE READ THIS EULA,

UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS

TERMS AND CONDITIONS. YOU MAY USE THE PROGRAM

ONLY IN ACCORDANCE WITH THIS EULA, AND ANY SUCH

USE IS HEREBY UNDERSTOOD TO BE CONDITIONAL

UPON YOUR SPECIFIC AGREEMENT TO THE UNMODIFIED

TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE

WITH ALL OF THE TERMS OF THIS EULA, CLICK ON THE

REJECTION BUTTON AND/OR DO NOT INSTALL THE

PROGRAM AND/OR DO NOT USE THE PROGRAM.

1. LICENSE

(a) Under this EULA, you are granted a license (i) to use

the Program on a single workstation, and (ii) to

make one (1) copy of the Program into any machine-

readable form for backup of the Program, provided

the copy contains all of the original Program's

proprietary notices.

(b) You may transfer the Program and license to another

party only as a part of the Thomson/RCA branded

Portable Digital Audio/Video Device (“A/V Device”),

and only if the other party agrees to accept the

terms and conditions of this EULA. If you transfer

the Program, you must at the same time either

transfer all copies to the same party or destroy any

copies not transferred.

(c) The terms of this EULA will govern any software

upgrades or updates provided by THOMSON Entity

that replace and/or supplement the original

Program, unless such upgrade or update is

accompanied by separate license terms and

conditions in which case the terms of that separate

license will govern. You acknowledge and agree

that THOMSON Entity may automatically download

upgrades or updates to the Program software to

your computer in order to update, enhance, and/or

further develop the Program.

2. LICENSE RESTRICTIONS

(a) Except for the licenses expressly granted to you in

this EULA, no other licenses or rights are granted or

implied.

(b) You may not (i) make the Program available over a

network where it could be used by multiple

computers at the same time; (ii) modify, translate,

reverse engineer, decompile, disassemble (except to

the extent that this restriction is expressly prohibited

by law), or create derivative works based upon the

Program; or (iii) copy the Program, except as

expressly permitted herein. You agree that you shall

only use the Program in a manner that complies with

all applicable laws in the jurisdictions in which you

use the Program, including, but not limited to,

applicable restrictions concerning copyright and

other intellectual property rights.

(c) The Program may contain pre-release code that does

not perform at the level of a final code release. In

such case, the Program may not operate properly.

Updated versions of the Program may be

downloaded from www.rcaaudiovideo.com (if

purchased in the United States) and

www.thomsonlink.com (if purchased in Europe).

(d) THOMSON Entity is not obligated to provide support

services for the Program.

(e) The Program is provided with “RESTRICTED RIGHTS”.

Use, duplication, or disclosure by the U.S.

Government is subject to restrictions as set forth in

subparagraph (c)(1)(ii) of DFARS 252.227-7013, or

FAR 52.227-19, or in FAR 52.227-14 Alt. III, as

applicable.

3. TERM AND TERMINATION

(a) Your license is effective on the date you accept this

EULA and remains in effect until this EULA is

terminated by either party.

(b) You may terminate this EULA and the associated

license, without any notice or delay, by destroying or

permanently erasing the Program and all copies

thereof.

(c) If you fail to comply with any of the terms of this

EULA, in whole or part, your license will

automatically terminate without notice from

THOMSON Entity.

(d) Upon termination of this EULA and your associated

End User License Agreement

EN

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