1. AUDIO.zip Driver
2. license.txt File Contents

license.txt Driver File Contents (AUDIO.zip)

AUREAL, INC.

SOFTWARE LICENSE AGREEMENT

AUREAL, INC. ("AUREAL") AND ITS SUPPLIERS AND LICENSORS ARE WILLING TO LICENSE THE AUREAL VORTEX PLAYER AND END USER DOCUMENTATION  TO YOU ("USER") ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS OF THIS AGREEMENT.

PLEASE READ THESE TERMS CAREFULLY BEFORE CLICKING ON THE "Yes" BUTTON OR INSTALLING THE AUREAL VORTEX PLAYER, AS BY CLICKING ON THE "Yes" BUTTON OR BY INSTALLING THE AUREAL VORTEX PLAYER YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD CLICK ON THE "Back" BUTTON  OR REFRAIN FROM INSTALLING THE AUREAL VORTEX PLAYER TO DISCONTINUE THE INSTALLATION PROCESS.

1.	LICENSE TO THE AUREAL VORTEX PLAYER AND END USER DOCUMENTATION.
1.1	Grant of License.  Subject to the terms and conditions of this Agreement, Aureal grants to User a nonexclusive, nontransferable, revocable license (with no right to sublicense) to (i) download the Aureal Vortex Player and install the Aureal Vortex Player on one (1) computer and use the Aureal Vortex Player on such computer internally and solely for the purposes described in the End User Documentation, and (ii) to use the End User Documentation internally and solely in connection with Licensee's authorized use of the Aureal Vortex Player.  This license does not extend to any other entity or person or to employees of another company or any third person.  Any licenses or rights not expressly granted herein are reserved solely by Aureal. 
1.2	Restrictions.  User has no right to, directly or through any person or entity, in any form or manner, sell, lease, rent, transfer, copy, distribute, reproduce, incorporate perform, modify, make derivative works, use or allow access to the Aureal Vortex Player and End User Documentation except as explicitly permitted under this Agreement or otherwise agreed in writing by Aureal.  User acknowledges that the Aureal Vortex Player and End User Documentation contain trade secrets and proprietary information of Aureal, and in order to protect the same, User agrees not to disassemble, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Aureal Vortex Player, nor to permit or authorize anyone else to do the same.  User will not copy the Aureal Vortex Player except to make one (1) copy solely for backup purposes or as necessary to load and execute the Aureal Vortex Player on a single computer in accordance with the licenses granted hereunder.  If User receives the first copy of the Aureal Vortex Player electronically and a second copy on physical media, the second copy may be used solely for archival purposes and may not be transferred or used by any other person.  User will preserve all copyright notices and other proprietary rights notices attached to or associated with the Aureal Vortex Player and the End User Documentation, and will reproduce all such notices on any backup copy made thereof.  [User specifically acknowledges that User may require a patent, copyright, or other license from a third party to create or compress content files for use in conjunction with the Aureal Vortex Player and this Agreement does not grant User any such rights.]  
1.3	Use of End User Documentation.  User agrees to use the End User Documentation only in support of User's use of the Aureal Vortex Player as permitted hereunder, and agrees not to copy the End User Documentation.
1.4	Proprietary Rights.  The Aureal Vortex Player and End User Documentation are proprietary to Aureal and its suppliers and all copies thereof shall at all times remain the property of Aureal, and shall be destroyed by User or returned to Aureal should the license hereunder be terminated as set forth below. 
1.5	U.S. Government End Users.  The Aureal Vortex Player and End User Documentation are provided with RESTRICTED RIGHTS and are a "commercial item" as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer Aureal Vortex Player" and "commercial computer Aureal Vortex Player End User Documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995).  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government end users acquire the Aureal Vortex Player with only those rights set forth herein.  Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 or subparagraphs (c)(l) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. 52.227-19, as applicable.  Contractor/manufacturer is Aureal Corporation.
1.6	Export Law.  The Aureal Vortex Player, End User Documentation and related technology are subject to U.S. export control laws and may be subject to export or import regulations of other countries.  User agrees to strictly comply with all such laws and regulations and agree that the Aureal Vortex Player and End User Documentation will not be shipped, transferred, or exported into any country, or used in any manner prohibited by the United States Export Administration Regulations, or any other export laws, restrictions or regulations, and acknowledge that you have the responsibility to obtain such licenses to export, re-export or import as may be required.
2.	WARRANTY. THE AUREAL VORTEX PLAYER AND END USER DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTIES OR INDEMNITIES OF ANY KIND.  AUREAL MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE AUREAL VORTEX PLAYER OR END USER DOCUMENTATION AND HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  AUREAL DOES NOT WARRANT OR REPRESENT THAT THE AUREAL VORTEX PLAYER IS ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.  IN NO EVENT WILL AUREAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE AUREAL VORTEX PLAYER AND END USER DOCUMENTATION.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SO THE ABOVE DISCLAIMERS AND RESTRICTIONS MAY NOT APPLY TO YOU.
3.	INDEMNITY. 
3.1	User agrees to hold Aureal harmless, indemnify and defend Aureal, its officers, directors and employees, from and against any and all losses, damages, fines and expenses (including but not limited to attorneys' fees) arising out of or relating to: (i) any claims involving any materials used by User in conjunction with the Aureal Vortex Player, including but not limited to claims that User has compressed or copied any materials in violation of any intellectual property or proprietary rights held by any third party; or (ii) User's violation of any law in any jurisdiction.
4.	TERMINATION.  This Agreement and the licenses granted under this Agreement will terminate immediately if User breaches any terms or conditions of this Agreement.  User agrees, upon termination of this Agreement, to promptly destroy the Aureal Vortex Player and End User Documentation and all copies thereof.  The provisions of Sections 1.2, 1.4, 2, 3, 5 and 6 shall survive any termination of this Agreement.
5.	LIMITATIONS OF  LIABILITY AND TIME TO SUE.
5.1	Limitation of Liability. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL AUREAL'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNTS PAID BY USER FOR LICENSED PROGRAMS AND END USER DOCUMENTATION PURSUANT TO THIS AGREEMENT.  USER FURTHER AGREES THAT AUREAL WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, SERVICE INTERRUPTIONS, CLAIMS OF USERS OR CUSTOMERS, LOST DATA OR MESSAGES, LOST BUSINESS, LOST GOODWILL, FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY.  IN NO EVENT WILL AUREAL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF AUREAL HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5.2	General.  User agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether User has accepted the Aureal Vortex Player and End User Documentation or any other product or service delivered by Aureal.  The parties agree that Aureal has set its prices and entered into this Agreement in reliance upon the disclaimers of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
5.3	Limitation on Time to Sue.  Except for actions to protect Aureal's intellectual property rights, no action may be brought with respect to this Agreement by either party at any time more than eighteen (18) months after the cause of action arose, and if any such action is not brought within such eighteen (18) month period, it constitutes a waiver of such cause of action and an admission that no such cause of action remains.
6.	GENERAL.  This Agreement will be governed by the laws of the State of California, without regard to or application of conflicts of law rules or principles.  This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force.  This Agreement is the complete and exclusive statement of the agreement between us which supercedes any proposal or prior agreement, oral or written, and any other communications between us in relation to the subject matter of this Agreement.

Copyright ©1999 Aureal, Inc.
45757 Northport Loop West
Fremont, CA 94538
USA
All rights reserved.
Vortex is a registered trademark of Aureal, Inc.

THE AUREAL VORTEX PLAYER AND ACCOMPANYING END USER DOCUMENTATION ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY.  UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

BY CLICKING ON THE "Yes" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.