CREATIVE Modem Blaster V.92 PCI DI5732 - Manual (Page 4)

disks on which the Software is furnished will be free
of defects, as set forth in the Warranty Card or
printed manual included with 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. Any
representation, other than the warranties set forth in
this Agreement, will not bind Creative.
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, error-free or free from
malicious code. For purposes of this paragraph,
“malicious code” means any program code designed
to contaminate other computer programs or
computer data, consume computer resources,
modify, destroy, record, or transmit data, or in some
other fashion usurp the normal operation of the
computer, computer system, or computer network,
including viruses, Trojan horses, droppers, worms,
logic bombs, and the like.
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 od
this Agreement.
EXCEPT AS STATED ABOVE IN THIS
AGREEMENT, THE SOFTWARE IS PROVIDED
AS-IS WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
CREATIVE IS NOT OBLIGATED TO PROVIDE
ANY UPDATES, UPGRADES OR TECHNICAL
SUPPORT FOR THE SOFTWARE.
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.
You assume full responsibility for the selection of
the Software to achieve your intended results, and
for the installation, 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.
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.
LIMITATION OF REMEDIES AND
DAMAGES
THE ONLY REMEDY FOR BREACH OF
WARRANTY WILL BE THAT SET FORTH IN
THE WARRANTY CARD OR PRINTED
MANUAL INCLUDED WITH THE
SOFTWARE. IN NO EVENT WILL
CREATIVE OR ITS LICENSORS BE LIABLE
FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES
OR FOR ANY LOST PROFITS, LOST
SAVINGS, LOSS OF USE, LOST REVENUES
OR LOST DATA ARISING FROM OR
RELATING TO THE SOFTWARE OR THIS
AGREEMENT, EVEN IF CREATIVE OR ITS
LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. 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.
Some countries/states do not allow the limitation or
exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may
not apply to you.
PRODUCT RETURNS
If you must ship the software to Creative or an
authorized Creative distributor or dealer, you must
prepay shipping and either insure the Software or
assume all risk of loss or damage in transit.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are
provided with restricted rights. Use, duplication or
disclosure by the U.S. Government is subject to
restrictions as set forth in subdivision (b)(3)(ii) of
the Rights in Technical Data and Computer
Software Clause at 252.227-7013. If you are 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