CREATIVE SOFTWARE LICENSE AGREEMENT PLEASE READ THIS DOCUMENT CAREFULLY. BY INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT INSTALL THE SOFTWARE. This Agreement sets forth the license terms and conditions for using the enclosed software Driver/Program which you have downloaded from the web ("Software"). This License is effective until terminated. You may terminate it at any time by destroying the Software together with any copies currently in your possession. The License also terminates if you fail to comply with the terms and conditions of this agreement, and additionally you need to destroy any copies or variations of the software. 1. GRANT OF LICENSE. Creative Technology Limited and its subsidiaries ("Creative"), grants to you the right to use all or a portion of this Software provided that (i) the Software is not distributed for profit; (ii) the Software is used only in conjunction with Creative's family of products; (iii) the Software may NOT be modified; (iv) all copyright notices are maintained on the Software; and (v) the licensee/end user agrees to be bound by the terms of this Agreement. 2. COPYRIGHT. The Software is owned by Creative and is protected by United States copyright laws and international treaty provisions. You may not remove the copyright notice from any copy of the Software or any copy of the written materials, if any, accompanying the Software. 3. OTHER RESTRICTIONS. This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software. You may not reverse engineer, decompile or disassemble the Software. NO WARRANTY. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE ONLY WITH CREATIVE'S HARDWARE AND RELATED SOFTWARE. THE SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CREATIVE IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Creative be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this Creative product, even if Creative has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. INDEMNIFICATION BY YOU. If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend Creative from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the Software in violation of this Agreement. This Agreement shall be construed, interpreted and governed by the laws of the State of California, except the federal laws which govern the copyrights and registered trademarks. You agree that this is the complete and exclusive statement of the Agreement between you and Creative which supersedes any proposal or prior agreement, oral or written, and any other communications between us regarding the subject of this Agreement. If any provision of this Agreement is found unenforceable, it will not affect the validity of this Agreement, which shall remain valid and enforceable according to its terms. SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION If you acquired the Software in the European Union, the following provisions also apply to you. If there is any inconsistency bewteen the terms of the Software License set out above and the following provisions, the following provisions shall take precedence. Decompilation: You agree not for any purpose to transmit the Software or 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: EXCEPT AS STATED ABOVE IN THIS AGREEMENT, AND AS PROVIDED BELOW UNDER THE HEADING "STATUTORY RIGHTS", THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE Limitation of Remedy and Damages: THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE SOFTWARE LICENSE 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 such exclusion, in the context of this transaction, is lawful under Irish law. Conversely, such conditions and warranties, insofar as they may not be lawfully excluded, shall apply. Accordingly nothing in this Agreement shall prejudice any rights that you may enjoy by virtue of Sections 12, 13, 14 or 15 of the Irish Sale of Goods Act 1893 (as amended). General: This Agreement is governed by the laws of the Republic of Ireland. The local language version of this agreement shall apply to Software acquired in the EU. This Agreement is the entire agreement 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 upon entering this Agreement, unless such untrue statement or representation was made fraudulently. *** Should you have any questions concerning this Agreement, Or if you desire to contact Creative for any reason, please contact your local Creative subsidiary or write to: Creative Labs, Inc. Technical Support 1523 Cimarron Plaza, Stillwater, OK 74075 U.S.A. TEL (405) 742-6622 FAX (405) 742-6633 BBS (405) 742-6660 Copyright (C) 1997, Creative Labs, Inc., Creative Technology Ltd. All rights reserved. All other products are trademarks or registered trademarks of their respective owners.