End user license agreement – Technicolor - Thomson Thomson Scenium EH308 User Manual

Page 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 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.

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

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.rca.com (if purchased in the United States) and www.thomsonlink.com

(if purchased in Europe).

(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.

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 NOT ALLOW THE EXCLUSION OR LIMITATION OF

LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE

LIMITATION MAY NOT APPLY TO YOU.

(b) YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE

APPROPRIATE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND

FOR THE INSTALLATION, USE, AND RESULTS OBTAINED.

7. WINDOWS MEDIA

The software embedded within your A/V Device (the “Device Firmware”)

contains software licensed from Microsoft that enables you to play Windows

Media Audio (WMA) files (“WMA Software”). The WMA Software is licensed

to you for use with your A/V Device under the following conditions. By

installing and using this version of the Device Firmware, you are agreeing to

these conditions. IF YOU DO NOT AGREE TO THE END USER

CONDITIONS OF THIS SECTION 7, DO NOT INSTALL OR USE THIS

VERSION OF THE DEVICE FIRMWARE.