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IMPORTANT: READ CAREFULLY BEFORE DOWNLOADING
OR INSTALLING THIS SOFTWARE!
THIS END USER LICENSE AGREEMENT (THIS “EULA”) IS A LEGAL
AGREEMENT BETWEEN YOU AND THOMSON INC., OR ANY
THOMSON GROUP ENTITY, AS DEFINED BELOW (COLLECTIVELY
“THOMSON ENTITY”), FOR THE RCA OR THOMSON BRANDED
PORTABLE DIGITAL AUDIO/VIDEO DEVICE APPLICATION/DRIVER
SOFTWARE PROGRAM 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.
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 license (i) to use 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 Thomson/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 THOMSON Entity 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 THOMSON Entity
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; or (iii) copy the Program, except as
expressly permitted herein. 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/
digitalaudiosupport.
(d) THOMSON Entity 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 THOMSON Entity.
(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
THOMSON ENTITY, 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 in and to the Program
and any copies thereof are owned by THOMSON Entity 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.
6. LIMITATION OF LIABILITY
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL THOMSON ENTITY, OR ITS DEALERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
REGARDLESS OF CAUSE OR FORM OF ACTION, INCLUDING
CONTRACT, TORT, OR NEGLIGENCE, ARISING OUT OF YOUR USE
OF OR INABILITY TO USE THE PROGRAM, EVEN IF THOMSON
ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO
End User License Agreement