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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.
The WMA Software is protected by copyright and other
intellectual property laws. This protection also extends to
documentation for the WMA Software, whether in written or
electronic form.
GRANT OF LICENSE. The WMA Software is only licensed to you
as follows:
You may use this version of the Device Firmware containing
the WMA Software only as such use relates to your A/V Device.
You may not reverse engineer, decompile, or disassemble the
WMA Software, except and only to the extent that such
activity is expressly permitted by applicable law.
You may transfer your right to use the Device Firmware only as
part of a sale or transfer of your A/V Device, on the condition
that the recipient agrees to the conditions set forth herein. If
the version of the Device Firmware that you are transferring is
an upgrade, you must also transfer all prior versions of the
Device Firmware that you have which include the WMA
Software.
MICROSOFT IS NOT PROVIDING ANY WARRANTY OF ANY KIND
TO YOU FOR THE WMA SOFTWARE, AND MICROSOFT MAKES
NO REPRESENTATION CONCERNING THE OPERABILITY OF THE
WMA SOFTWARE.
The WMA Software is of U.S. origin. Any export of this version
of the Device Firmware must comply with all applicable
international and national laws, including the U.S. Export
Administration Regulations, that apply to the WMA Software
incorporated in the Device Firmware.
Content providers are using the digital rights management
technology for Windows Media contained in your A/V Device
(“WM-DRM”) to protect the integrity of their content (“Secure
Content”) so that their intellectual property, including
copyrights, in such content is not misappropriated. Your A/V
Device uses WM-DRM software to play Secure Content (“WM-
DRM Software”). If the security of the WM-DRM Software in
your A/V Device has been compromised, owners of Secure
Content (“Secure Content Owners”) may request that
Microsoft revoke the WM-DRM Software’s right to acquire new
licenses to copy, display, and/or play Secure Content.
Revocation does not alter the WM-DRM Software's ability to
play unprotected content. A list of revoked WM-DRM
Software is sent to your A/V Device whenever you download a
license for Secure Content from the Internet or from a
computer. Microsoft may, in conjunction with such license, also
download revocation lists onto your A/V Device on behalf of
Secure Content Owners.
8. THIRD PARTY SOFTWARE
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH
THE PROGRAM IS INCLUDED FOR USE AT YOUR OPTION. IF
YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN
SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S
LICENSE AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL
BE INSTALLED IN THE APPROPRIATE FOLDER ON YOUR
COMPUTER UPON INSTALLATION OF THE SOFTWARE.
THOMSON ENTITY IS NOT RESPONSIBLE FOR ANY THIRD
PARTY’S SOFTWARE AND SHALL HAVE NO LIABILITY FOR
YOUR USE OF THIRD PARTY SOFTWARE.
9. GOVERNING LAW
If you acquired this A/V Device in the United States, this EULA
shall be governed and construed in accordance with the laws
of the State of Indiana, U.S.A. without regard to its conflict of
laws principles. If you acquired this A/V Device outside the
United States or the European Union, then local law may
apply.
10. GENERAL TERMS
This EULA can only be modified by a written agreement signed
by you and THOMSON Entity, and changes from the terms and
conditions of this EULA made in any other manner will be of
no effect. If any portion of this EULA shall be held invalid,
illegal, or unenforceable, the validity, legality, and
enforceability of the remainder of the Agreement shall not in
any way be affected or impaired thereby. This EULA is the
complete and exclusive statement of the agreement between
you and THOMSON Entity, which supersedes all proposals or
prior agreements, oral or written, and all other
communications between you and THOMSON Entity, relating
to the subject matter of this hereof. “THOMSON Group
Entity” when used in this EULA shall mean any person,
corporation, or other organization, domestic or foreign,
including but not limited to subsidiaries, that is directly or
indirectly controlled by Thomson S.A. For purposes of this
definition only, the term “control” means the possession of
the power to direct or cause the direction of the management
and policies of an entity, whether by ownership of voting stock
or partnership interest, by contract, or otherwise, including
direct or indirect ownership of more than fifty percent (50%)
of the voting interest in the entity in question.
End User License Agreement