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Creative Care Protection Plan Benefits:

• Extends the Creative guarantee on your qualified product to two years
• Extends access to Creative's award-winning telephone and email customer support to two years
• Covers your product and its originally included accessories*
• Permits transfer of the Plan between owners with original sales receipt

* Service coverage is available only for the qualified product and its original included accessories - including the original battery for Zen players, if supplied, to hold an electrical charge for 50% of its original specification - that are defective in material or workmanship. Refurbished and second-hand products are ineligible for coverage. Telephone fees and Internet Service Provider fees may apply to contact Creative for support. Telephone numbers and hours of operation may vary and are subject to change. See complete terms & conditions for details.

Your Creative Care Protection Plan (the “Plan”) is governed by the following terms and conditions and constitutes your service contract with Creative Labs (Ireland) Ltd. (“Creative”).

1. Plan Eligibility. To enroll in the Plan you must register the Plan with your Creative Zen player. To complete the registration, you will need to provide the Plan's Agreement Number and the unique serial number for the covered product. The Plan can only be registered to one product. You must purchase the Plan within one (1) year from the original product purchase date and you must register within ninety (90) days of purchase of the Plan and prior to receiving any service under the Plan. Keep your Plan's confirmation document and your original sales receipts for your Covered Product and your Plan.

2. Coverage Period. The Plan commences on the original product purchase date and continues for a period of two (2) years.

3. Covered Product. The Plan covers the Creative Zen player along with the hardware accessories (excluding removable batteries) included in the original packaging (the “Covered Product”) that has been purchased from an authorized Creative reseller and registered under this Plan. Refurbished units, second-hand units, and all other accessories not included in the original packaging are expressly excluded from coverage and the Plan.

4. Repair or Replacement Service. Subject to the terms of this Plan during the Coverage Period, if there is a defect in materials or workmanship of the Zen player, or, after being fully charged and with all settings reset, the capacity of the integrated batteries (original included with the Covered Product) to hold an electrical charge has depleted fifty (50%) percent or more from its original specification, Creative will, at its sole option and determination, repair or replace the affected Covered Product.

a. Replacement Parts and Products. In the event we repair or replace your Covered Product, you understand and agree that the replacement product and parts that Creative provides may be manufactured from new, refurbished, or serviceable used parts. The replacement product and parts will be functionally equivalent to the replaced product or parts and will assume the remaining coverage under the Plan unless you are entitled to additional rights under laws or regulations in your jurisdiction. The product or parts that are replaced become Creative's property.

b. Limitations. This Plan does not cover any defects or damage to any software or data residing or recorded in the Covered Product. When providing repair or replacement service, Creative will use reasonable efforts to reinstall the Covered Product's original software configuration and subsequent update releases, however, Creative cannot provide any recovery or transfer of software or data contained on the replaced product not originally included in the Covered Product. Creative does not warrant uninterrupted or error-free operation of the Covered Product.

c. Exclusions. The Plan does not apply to:

i) Defects or damage caused by normal wear and tear, abnormal use or conditions, misuse, neglect, abuse, accident, improper handling or storage, exposure to moisture, unauthorized modifications, alterations, or repairs not authorised or carried out by Creative, improper installation, improper use of any electrical source, undue physical or electrical stress, operator error, non-compliance with instructions or other acts which are not the fault of Creative; and
ii) damage from external causes such as floods, storms, fires, sand, dirt, earthquakes, acts of God, exposure to sunlight, weather, moisture, heat, or corrosive environments, electrical surges, battery leakage, theft, or damage caused by the connection to other products not recommended for interconnection by Creative; and
iii) Defects or damage to the Covered Product that are cosmetic, including but not limited to scratches, dents and broken plastic on ports (dust covers), which do not otherwise affect the Covered Product's functionality or materially impairs its use; and
iv) any Covered Product that has had its serial number altered, defaced or removed; and
v) replacement of a Covered Product that has been lost or stolen; and
vi) service or modifications required by any governmental body or agency arising after the date of this Plan; and
vii) preventative maintenance on the Covered Product. (You are not required to perform preventative maintenance on the Covered Product to receive service under the Plan).

5. Customer Support. Creative will provide you with web-based support resources and Telephone Customer Support including assistance with installation, launch, configuration, troubleshooting and determining if repair or replacement of the Covered Product may be required (“Customer Support”) for the Covered Product including the software applications that are bundled with the Covered Product (“Bundled Software”) during the Coverage Period. Your sixty (60) day complimentary Telephone Customer Support will be extended to two (2) years Telephone Customer Support.

a) Limitations. The Plan does not cover or provide Customer Support for:

i) An issue that would be resolved by upgrading the Software to the latest version.
ii) All operating environments, including but not limited to, your computer's operating system or the interoperability with all current and/or future software (not including the Bundled Software), or hardware applications.
iii) Damage to the Covered Product or Bundled Software caused by other software or devices.
iv) Use of the Covered Product or Bundled Software in a manner not intended by Creative or a software licensor.

6. Obtaining Service under the Plan. To obtain service under this Plan, you may access the Creative website or call the telephone number listed on the Plan. If accessing the Creative website, follow the instructions provided by Creative. If calling the telephone number, you will connect with a Creative Customer Support representative, who will ask for your Plan Agreement Number, advise you and determine whether your Covered Product may require service and how Creative will provide it. Keep your Plan's confirmation document and your original sales receipts for your Covered Product and your Plan. Proof of purchase of the Covered Product may be required if there is any question as to your product's eligibility for Plan coverage.

a) Although we maintain a record of your Plan purchase on a computer retrieval system, you must have in your possession this validated Plan and all original receipts to receive any repair or replacement service.

b) To receive service under the Plan, you will need to:

i) Provide your Plan's Agreement Number and serial number of the Covered Product.
ii) Answer a series of questions about the symptoms and causes of the problems with the Covered Product.
iii) Follow the instructions given to you, including, refraining from sending Creative the products or accessories that are not subject to service and packing the Covered Product in accordance with our shipping instructions.
iv) Update any Bundled Software to the latest released version prior to seeking service.

c) If Creative determines that the Covered Product will require repair or replacement service, Creative will provide you with instructions to send the Covered Product to Creative's repair service location. For shipment of your Covered Product, you agree to ship the Covered Product back to Creative according to our instructions. Creative reserves the right to change at any time the method by which Creative may provide replacement products to you, and may modify the method of providing repair or replacement service for the Covered Product. Do not send products or accessories that are not subject to service. Creative will not be responsible for the return or replacement of any products or accessories that are returned which are not subject to service.

d) Alternatively, Creative may determine that the necessary service, product, or part at issue is user-installable and will send you a replacement product or part to you. In the event Creative sends a replacement product or part directly to you, Creative reserves the right to require that the replaced product or part be returned to Creative. Should you fail to return the replaced product or part, as requested, you agree that you will be responsible for paying Creative the retail price of the replacement product or part.

7. You may transfer this Plan to a new owner of the Covered Product by sending us a notice of transfer of the Plan to: Creative Care Administration, Creative Labs, Ballycoolin Business Park, Blanchardstown, Dublin 15, Ireland. You must provide the Plan's Agreement Number, the serial numbers of the Covered Product being transferred, proof of purchase of the Plan, and the name, address, telephone number and email address of the new owner.

8. Both parties may cancel this Plan at any time for any reason. If you decide to cancel the Plan send a written letter with your Plan's Agreement Number to Creative Care Administration, Creative Labs, Ballycoolin Business Park, Blanchardstown, Dublin 15, Ireland. Your notice must be accompanied by a copy of your proof of purchase of the Plan, the Plan's Agreement Number and the serial number of the Covered Product. If you cancel the Plan within thirty (30) days of your Plan's purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund less the value of any service provided under the Plan. If Creative decides to cancel the Plan you will receive a full refund less the value of any service provided under the Plan.

9. CREATIVE AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM CREATIVE'S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF CREATIVE AND ITS EMPLOYEES AND AGENT'S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN.
THE LIMITATIONS IN THIS PLAN SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF CREATIVE OR ITS EMPLOYEES.

10. FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO AND SHALL NOT AFFECT ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, CREATIVE'S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED PRODUCT OR SUPPLY OF THE SERVICE.

11. CREATIVE DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE THE COVERED PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. Creative has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to Creative regarding the processing of data, and Creative will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. Notify Creative if you do not agree with the above or if you have questions regarding how your data may be impacted by being processed in this way.

12. Creative is not responsible for any failures or delays in performing under the Plan that are due to events outside Creative's reasonable control. Creative may subcontract or assign performance of its obligations under the Plan to third parties. Creative is not obligated to renew this Plan. If Creative does offer a renewal, Creative will determine the price and terms.

13. You agree that Creative may collect and process personal data on your behalf for the strict purpose of carrying out the services and obligations under this Plan. Any personal data you provide will be held securely and in accordance with Data Protection regulations. Creative and its agents are responsible for storing, processing and transferring your personal data. This may include transferring your data to affiliated companies or service providers located in the European Union. Your bank details (if required) will be used solely in connection with this Plan and will be destroyed 1 month after receipt by Creative. You have the right to consult and request rectification of the personal information that is held about you by Creative. Requests or queries regarding Creative's compliance with Data Protection should be made to Creative Care Administration, Creative Labs, Ballycoolin Business Park, Blanchardstown, Dublin 15, Ireland.

14. Except as expressly agreed by the parties, the terms and conditions of this Plan prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Creative's entire understanding with respect to the Plan.

15. Except where prohibited by law, the laws of the Republic of Ireland shall govern this Plan. If the law of any jurisdiction where this Plan is purchased is inconsistent with these terms, the law of that Country will prevail.

16. This Plan is offered and valid only in Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland and the United Kingdom.

17. The Plan's financial and legal obligor is Creative Labs (Ireland) Limited, Ballycoolin Business Park, Blanchardstown, Dublin 15, Ireland.