User Manual Part 2

ENGLISH

4. COPYRIGHT / INTELLECTUAL RIGHTS – The ARCHOS™ SOFTWARE is protected by United States and International Copyright

laws and treaties as well as by international intellectual property laws.

5. NO WARRENTY / LIMITED LIABILITY

A. ARCHOS™ SOFTWARE is licensed to you “as is” and your use of such is at your sole risk.

B. ARCHOS™ makes not guarantees either expressed or implied as to the correctness, accuracy, reliability, ﬁ tness of use for a

particular purpose or otherwise of its SOFTWARE.

C. If ARCHOS™ SOFTWARE proves to be defective, YOU and not ARCHOS™ bear any ﬁ nancial or other liability for returning

the product to its original functional state or any other liability arising out of such an event.

D. In no event will ARCHOS™, its subsidiaries, ofﬁ cers, or employees be liable for any damages, including but not limited to, any

loss, or other incidental, indirect or consequential damages due to the use of the ARCHOS™ SOFTWARE, even if ARCHOS™ has

been advised of the possibility of such damages. Because certain jurisdictions do not allow the exclusion or limitation of liability for

certain damages, the above limitations may not apply to you.

6. LICENSED COMPONENTS – Within the ARCHOS™ SOFTWARE are components licensed to ARCHOS™ and such licensors

reserve rights that may not be expressed herein. ARCHOS™ licensor(s) makes no warranties, express or implied, including, without

limitation, the implied warranties of merchantability and ﬁ tness for a particular purpose, regarding the licensed materials. ARCHOS™’

licensor(s) does not warrant, guarantee or make any representations regarding the use or the results of the use of the licensed

materials in terms of its correctness, accuracy, reliability, or otherwise. You assume the entire risk as to the results and performance

of the licensed materials. The exclusion of implied warranties is not permitted by some jurisdictions. The above exclusion may not

apply to you.

In no event will ARCHOS™’ licensor(s), and their directors, ofﬁ cers, employees or agents (collectively ARCHOS™’ licensor) be liable

to you for any consequential, incidental or indirect damages (including damages for loss of business proﬁ ts, business interruption,

loss of business information, and the like) arising out of the use of inability to use the licensed materials even if ARCHOS™’ licensor

has been advised of the possibility of such damages. Because some jurisdiction do not allow the exclusion or limitation of liability for

consequential or incidental damages, the above limitations may not apply to you.

7. ILLEGAL USE – You cannot use the ARCHOS™ SOFTWARE to engage in illegal activities including the reproduction, storage

and/or distribution of copyrighted materials that you do not have the express written consent to.

8. TRANSFER – You can permanently transfer your rights to the ARCHOS™ SOFTWARE through the transfer or the sale of your

ARCHOS™ hardware product to a second party. You must not retain any copy of the software, upgrades, versions, or documentation,

and the party to whom you transfer the agreement must make written notice that he accepts the conditions of this EULA.

9. TERMINATION – You may terminate this agreement at any time, at which point you cannot use the ARCHOS™ SOFTWARE. To

do so, you must destroy all originals and copies of the ARCHOS™ Software and all documentation. You can write to ARCHOS™

for instructions on having the software removed from your device. This license will terminate automatically (without notice from

ARCHOS™) if any part of this license agreement is violated.

10. DECOMPOSITION – If any part or condition of this agreement is held by governing law to be invalid or unenforceable, such part

will be enforceable to the extent allowed by law and will have no effect on any other sections of this agreement.

GOVERNING LAW – This license is governed by the laws of France. If you have any questions about this End User License

Agreement, please write to: ARCHOS™ SA., Legal Department, 12 rue Ampère, 91430 Igny, France.

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