CREATIVE Modem Blaster V.92 PCI DI5732 - Manual (Page 5)

employees, employers, contractors and agents, and
on any successors and 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 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.
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 authorising the
infringement of local and/or international laws
applicable to your jurisdiction
SPECIAL PROVISIONS APPLICABLE TO
THE EUROPEAN UNION
IF YOU ACQUIRED 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 EARLIER AND IN 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.
LIMITED WARRANTY
EXCEPT AS STATED EARLIER IN THIS
AGREEMENT, AND AS PROVIDED UNDER
THE HEADING “STATUTORY RIGHTS”, THE
SOFTWARE IS PROVIDED AS-IS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY,
QUALITY OR FITNESS FOR A PARTICULAR
PURPOSE.
LIMITATION OF REMEDY AND DAMAGES
THE LIMITATIONS OF REMEDIES AND
DAMAGES IN THE SOFTWARE LICENSE
AGREEMENT SHALL NOT APPLY TO
PERSONAL INJURY (INCLUDING DEATH) TO
ANY PERSON CAUSED BY CREATIVE’S
NEGLIGENCE AND ARE SUBJECT TO THE
PROVISION SET OUT UNDER THE HEADING
“STATUTORY RIGHTS”.
STATUTORY RIGHTS
Irish law provides that certain conditions and
warranties may be implied in contracts for the sale
of goods and in contracts for the supply of services.
Such conditions and warranties are hereby excluded,
to the extent such exclusion, in the context of this
transaction, is lawful under Irish law. Conversely,
such conditions and warranties, insofar as they may
not be lawfully excluded, shall apply.
Accordingly nothing in this Agreement shall
prejudice any rights that you may enjoy by virtue of
Sections 12, 13, 14 or 15 of the Irish Sale of Goods
Act 1893 (as amended).
GENERAL
This Agreement is governed by the laws of the
Republic of Ireland. The local language version of