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End user license agreement
6
End user license agreement
IMPORTANT: READ CAREFULLY BEFORE DOWNLOADING OR
INSTALLING THIS SOFTWARE!
THIS END USER LICENSE AGREEMENT (THIS “EULA”) IS A LEGAL
AGREEMENT BETWEEN YOU AND AUDIOVOX CORPORATION
AND, AS APPLICABLE, ANY AUDIOVOX SUBSIDIARY, AS DEFINED
BELOW (COLLECTIVELY “AUDIOVOX”), FOR THE RCA BRANDED
PORTABLE DIGITAL AUDIO/VIDEO DEVICE APPLICATION/DRIVER
SOFTWARE PROGRAM WHICH MAY INCLUDE ASSOCIATED
SOFTWARE COMPONENTS, SOFTWARE LICENSED BY AUDIOVOX
FROM THIRD PARTIES (“LICENSORS”) 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. THIS
PROGRAM IS PROTECTED BY COPYRIGHT LAWS AND
INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER
INTELLECTUAL PROPERTY LAWS AND TREATIES. 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 non-exclusive, non-
sublicenseable, non-assignable and non-transferable (except
as expressly set forth below) license (i) to use and install 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 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 AUDIOVOX 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 AUDIOVOX
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; (iii) copy the Program, except as
expressly permitted herein; (iv) remove or alter any
copyright notices on all copies of the Program; or (v) rent,
lease or lend the Program. 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/downloads
(d) AUDIOVOX 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 AUDIOVOX.
(d) Upon termination of this EULA and your associated license,
you shall cease all use of the Program and destroy or
permanently erase the Program and all full or partial copies
thereof.
4. WARRANTY DISCLAIMER
THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-
INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU (AND NOT AUDIOVOX, ITS
SUPPLIERS, OR ITS DEALERS) ASSUME THE ENTIRE COST FOR ALL
NECESSARY REPAIR OR CORRECTION.
This exclusion of warranty may not be allowed under some
applicable laws. As a result, the above exclusion may not apply
to you, and you may have other rights depending on the law
that applies to you.
5. OWNERSHIP RIGHTS
All title and intellectual property rights, including but not
limited to copyrights, in and to the Program and any copies
thereof are owned by AUDIOVOX, its Licensors or its suppliers.
All title and intellectual property rights in and to the content
which may be accessed through use of the Program is the
property of the respective content owner and may be protected
by applicable copyright or other intellectual property laws and
treaties. This license grants you no rights to use such content.
All rights not expressly granted are reserved by AUDIOVOX or its
Licensors.