PLEASE READ THIS DOCUMENT CAREFULLY USE OF THIS SOFTWARE IS SUBJECT TO THE TERMS SET OUT IN THE LICENSE AGREEMENT BELOW CREATIVE END-USER SOFTWARE LICENSE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CREATIVE LABS (IRELAND) LIMITED ("CREATIVE"). BY INSTALLING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL THIS SOFTWARE. PROMPTLY RETURN, WITHIN 15 DAYS, THE SOFTWARE PACKAGE WITH ALL ITS CONTENTS AND ACCOMPANYING ITEMS TO THE DEALER FROM WHOM YOU OBTAINED IT FOR A FULL REFUND. CREATIVE END-USER SOFTWARE LICENSE AGREEMENT 1. GRANT OF LICENSE. In return for the payment of the licence fee (which was included in the price you paid for this package), Creative licenses you to use its software sealed in the disk package together with related documentation (jointly referred to as "Software" and the term "Software" includes any executable programs, drivers, libraries and data files in the disk package). The Software is licensed, not sold, to you for use only under the terms of this Agreement, and Creative reserves all rights not expressly granted to you. You own the disk or other media on which the Software is recorded or fixed, but Creative retains all title and ownership of the Software and related documentation. 2. PROHIBITION ON COPYING. The Software is protected by applicable national copyright laws and international treaty provisions. Therefore, you should treat the Software like a book or any other copyrighted material. You may use the Software only on a single computer. You may not copy, modify, merge or reproduce the Software or any portion of it electronically or otherwise for any purpose except (a)to make one copy of the Software for backup purposes only in support of your use of the Software on a single computer or (b) to transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You must reproduce and include Creative's copyright notice on any backup copy of the Software. You may not copy the documentation. 3. NO TRANSFER. You may not rent, lease, assign or otherwise transfer the Software or this license to any other person without the prior written consent of Creative, except that you may transfer the Software and accompanying documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. 4. NETWORK VERSIONS. If you have purchased a NETWORK version of the Software, this Agreement applies to the installation of the Software on to a single "file server". It may not be copied onto or used on other networks. Each "node" connected to the "file server" must also have its own "node copy" of the Software which is licensed for that specific node. 5. CONFIDENTIALITY/REVERSE ENGINEERING. You and your employees and agents are required to protect the confidentiality of the Software. You may not and you agree not to reverse engineer,disassemble, or decompile the Software, except to the extent permitted by the laws of your country, including those implementing the Council Directive of 14 May 1991 on the legal protection of computer programs. In particular, you agree not for any purpose to transmit the Software or to 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 below. 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 Creative warrants that the disks on which the Software is furnished will be free of defects in materials and workmanship under normal use and conditions for a period of six (6) months from the date of delivery to you as evidenced by your receipt. If you become aware during the warranty period that the disks are defective, you should return them with your receipt to Creative at the address below and Creative will supply you with a replacement disk or, if that is not possible for any reason, Creative shall refund the purchase price paid as evidenced by the receipt. No distributor, dealer, or any other entity or person is authorized to expand or alter this warranty or this Agreement. EXCEPT AS STATED IN THIS SECTION AND AS PROVIDED BELOW UNDER THE HEADING "STATUTORY RIGHTS", THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF REMEDIES AND DAMAGES Creative's entire liability and your exclusive remedy will be, at Creative's option, either the replacement of any disk not meeting Creative's Limited Warranty described in the preceding section, or, if that is not possible, return of the purchase price paid. YOUR SOLE REMEDY AND CREATIVE'S ENTIRE LIABILITY FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON FOR ANY REASON, INCLUDING CREATIVE'S NEGLIGENCE, SHALL NOT EXCEED THE PURCHASE PRICE PAID. IN NO EVENT WILL CREATIVE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF CREATIVE HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE PRECEDING PARAGRAPH SHALL NOT APPLY TO PERSONAL INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY CREATIVE'S NEGLIGENCE AND ARE SUBJECT TO THE PROVISION SET OUT BELOW 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 that such exclusion, in the context of this transaction, is lawful under Irish law. Conversely, such conditions and warranties, insofar as they may not lawfully be excluded, shall apply. Accordingly, nothing in this agreement shall prejudice any rights which you may enjoy by virtue of Sections 12, 13, 14 or 15 of the Irish Sale of Goods Act 1893 (as amended). TERMINATION The Agreement is effective until terminated. You may terminate it at any time by returning all copies of the Software to Creative. The Agreement will also terminate if you fail to comply with any of its terms or conditions, and you agree upon such termination to return all copies of the Software to Creative. The provisions of this Agreement that protect the proprietary rights of Creative as well as those provisions governing the limited warranty and limited remedies and damages will continue in force after termination. GENERAL This Agreement represents the entire understanding between us and you agree that Creative will not have any liability for any untrue statement or representation made by it, its agents or anyone else (whether innocently or negligently) upon which you relied in entering into this Agreement, unless such untrue statement or representation was made fraudulently. This Agreement is governed by the laws of the Republic of Ireland. If any provision of this Agreement is deemed invalid by any court having jurisdiction, that particular provision will be deemed deleted and will not affect the validity of any other provision of this Agreement. Should you have any questions concerning this Agreement, the product or technical matters, you may contact Creative at the address stated below: Creative Labs Ireland Limited, Ballycoolin Business Park, Blanchardstown, Dublin 15, Ireland.