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provided by law. The provisions of this Agreement

that protect the proprietary rights of Creative will

continue in force after termination.

LIMITED WARRANTY

Creative warrants, as the sole warranty, that the

disks on which the Software is furnished will be free

of defects, as set forth in the Warranty or User Guide

included with the installation disk or package. 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 of

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,

TITLE OR NONINFRINGEMENT. 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 OR USER GUIDE

INCLUDED WITH THE INSTALLATION

DISK OR PACKAGE. IN NO EVENT WILL

CREATIVE OR ITS LICENSORS BE LIABLE

FOR ANY INDIRECT, INCIDENTAL,

SPECIAL OR CONSEQUENTIAL DAMAGES,

OR FOR ANY PERSONAL INJURY OR

BODILY INJURY (INCLUDING DEATH) TO

ANY PERSONS CAUSED BY CREATIVE’S

NEGLIGENCE, 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.

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