Accessory CD-ROM for Windows Installation Guide
7
ATTENTION
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREE-
MENT”) CAREFULLY BEFORE USING THIS SOFTWARE. YOU ARE
ONLY PERMITTED TO USE THIS SOFTWARE PURSUANT TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT
IS BETWEEN YOU (AS AN INDIVIDUAL OR LEGAL ENTITY) AND
YAMAHA CORPORATION (“YAMAHA”).
BY BREAKING THE SEAL OF THIS PACKAGE YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT
AGREE WITH THE TERMS, DO NOT INSTALL, COPY, OR OTHERWISE
USE THIS SOFTWARE.
1. GRANT OF LICENSE AND COPYRIGHT
Yamaha hereby grants you the right to use one copy of the software program(s)
and data (“SOFTWARE”) accompanying this Agreement. The term SOFT-
WARE shall encompass any updates to the accompanying software and data.
The SOFTWARE is owned by Yamaha and/or Yamaha’s licensor(s), and is pro-
tected by relevant copyright laws and all applicable treaty provisions. While
you are entitled to claim ownership of the data created with the use of SOFT-
WARE, the SOFTWARE will continue to be protected under relevant copy-
rights.
•
You may
use the SOFTWARE on a
single computer
.
•
You may
make one copy of the SOFTWARE in machine-readable form for
backup purposes only, if the SOFTWARE is on media where such backup
copy is permitted. On the backup copy, you must reproduce Yamaha’s copy-
right notice and any other proprietary legends that were on the original copy
of the SOFTWARE.
•
You may
permanently transfer to a third party all your rights in the SOFT-
WARE, provided that you do not retain any copies and the recipient reads and
agrees to the terms of this Agreement.
2. RESTRICTIONS
•
You may not
engage in reverse engineering, disassembly, decompilation or
otherwise deriving a source code form of the SOFTWARE by any method
whatsoever.
•
You may not
reproduce, modify, change, rent, lease, or distribute the SOFT-
WARE in whole or in part, or create derivative works of the SOFTWARE.
•
You may not
electronically transmit the SOFTWARE from one computer to
another or share the SOFTWARE in a network with other computers.
•
You may not
use the SOFTWARE to distribute illegal data or data that vio-
lates public policy.
•
You may not
initiate services based on the use of the SOFTWARE without
permission by Yamaha Corporation.
Copyrighted data, including but not limited to MIDI data for songs, obtained by
means of the SOFTWARE, are subject to the following restrictions which you
must observe.
• Data received by means of the SOFTWARE may not be used for any com-
mercial purposes without permission of the copyright owner.
• Data received by means of the SOFTWARE may not be duplicated, trans-
ferred, or distributed, or played back or performed for listeners in public
without permission of the copyright owner.
• The encryption of data received by means of the SOFTWARE may not be
removed nor may the electronic watermark be modified without permission
of the copyright owner.
3. TERMINATION
This Agreement becomes effective on the day that you receive the SOFTWARE
and remains effective until terminated. If any copyright law or provisions of
this Agreement is violated, the Agreement shall terminate automatically and
immediately without notice from Yamaha. Upon such termination, you must
immediately destroy the licensed SOFTWARE, any accompanying written doc-
uments and all copies thereof.
4. LIMITED WARRANTY ON MEDIA
As to SOFTWARE sold on tangible media, Yamaha warrants that the tangible
media on which the SOFTWARE is recorded will be free from defects in mate-
rials and workmanship under normal use for a period of fourteen (14) days
from the date of receipt, as evidenced by a copy of the receipt. Yamaha’s entire
liability and your exclusive remedy will be replacement of the defective media
if it is returned to Yamaha or an authorized Yamaha dealer within fourteen days
with a copy of the receipt. Yamaha is not responsible for replacing media dam-
aged by accident, abuse or misapplication. TO THE FULLEST EXTENT PER-
MITTED BY LAW, YAMAHA EXPRESSLY DISCLAIMS ANY IMPLIED
WARRANTIES ON THE TANGIBLE MEDIA, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC-
ULAR PURPOSE.
5. DISCLAIMER OF WARRANTY ON SOFTWARE
You expressly acknowledge and agree that use of the SOFTWARE is at your
sole risk. The SOFTWARE and related documentation are provided “AS IS”
and without warranty of any kind. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, YAMAHA EXPRESSLY DISCLAIMS
ALL WARRANTIES AS TO THE SOFTWARE, EXPRESS, AND IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLY, BUT
WITHOUT LIMITING THE FOREGOING, YAMAHA DOES NOT WAR-
RANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTER-
RUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED.
6. LIMITATION OF LIABILITY
YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PER-
MIT USE OF THE SOFTWARE UNDER THE TERMS HEREOF. IN NO
EVENT SHALL YAMAHA BE LIABLE TO YOU OR ANY OTHER PER-
SON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARIS-
ING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFT-
WARE, EVEN IF YAMAHA OR AN AUTHORIZED DEALER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall
Yamaha’s total liability to you for all damages, losses and causes of action
(whether in contract, tort or otherwise) exceed the amount paid for the SOFT-
WARE.
7. THIRD PARTY SOFTWARE
Third party software and data (“THIRD PARTY SOFTWARE”) may be
attached to the SOFTWARE. If, in the written materials or the electronic data
accompanying the Software, Yamaha identifies any software and data as
THIRD PARTY SOFTWARE, you acknowledge and agree that you must abide
by the provisions of any Agreement provided with the THIRD PARTY SOFT-
WARE and that the party providing the THIRD PARTY SOFTWARE is
responsible for any warranty or liability related to or arising from the THIRD
PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD
PARTY SOFTWARE or your use thereof.
• Yamaha provides no express warranties as to the THIRD PARTY SOFT-
WARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE.
• Yamaha shall not provide you with any service or maintenance as to the
THIRD PARTY SOFTWARE.
• Yamaha is not liable to you or any other person for any damages, including,
without limitation, any direct, indirect, incidental or consequential damages,
expenses, lost profits, lost data or other damages arising out of the use, mis-
use or inability to use the THIRD PARTY SOFTWARE.
8. GENERAL
This Agreement shall be interpreted according to and governed by Japanese
law without reference to principles of conflict of laws. Any dispute or proce-
dure shall be heard before the Tokyo District Court in Japan. If for any reason a
court of competent jurisdiction finds any portion of this Agreement to be unen-
forceable, the remainder of this Agreement shall continue in full force and
effect.
9. COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the parties with
respect to use of the SOFTWARE and any accompanying written materials and
supersedes all prior or contemporaneous understandings or agreements, written
or oral, regarding the subject matter of this Agreement. No amendment or revi-
sion of this Agreement will be binding unless in writing and signed by a fully
authorized representative of Yamaha.
