8 English
BY USING THE "SOFTWARE", YOU ARE DEEMED TO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This License Agreement (the "AGREEMENT") is a legal agreement between you and Yamaha Corporation ("YAMAHA") under which
YAMAHA is providing the firmware of YAMAHA's SoundGadget (the "PRODUCT") and related software program, documentation and
electronic files (collectively, the "SOFTWARE").
This AGREEMENT applies to the SOFTWARE which YAMAHA provides you and the installed copy thereof, subject to the provision
of 1-1 herein, into the PRODUCT or personal computer owned by you.
1. GRANT OF LICENSE:
1-1. YAMAHA grants you a personal non-exclusive license to install the SOFTWARE and use the SOFTWARE on the PRODUCT or
other devices, including but not limited to the personal computer, which you own.
1-2. You shall not assign, sublicense, sell, rent, lease, loan, convey or otherwise transfer to any third party, upload to a web site or a
server computer to which specified or unspecified persons may access, or copy, duplicate, translate or convert to another program-
ming language the SOFTWARE except as expressly provided herein. You shall not alter, modify, disassemble, decompile or other-
wise reverse engineer the SOFTWARE and you also shall not have any third party to do so.
1-3. You shall not modify, remove or delete a copyright notice of YAMAHA contained in the SOFTWARE.
1-4. Except as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted by YAMAHA to you for
any intellectual property of YAMAHA.
2. OWNERSHIP AND COPYRIGHT:
The SOFTWARE is protected under the copyright laws and owned by YAMAHA. You agree and acknowledge that YAMAHA transfers
neither ownership interest nor intellectual property in the SOFTWARE to you under this AGREEMENT or otherwise.
3. EXPORT RESTRICTIONS:
You agree to comply with all applicable export control laws and regulations of the country involved, and not to export or re-export,
directly or indirectly, the SOFTWARE in violation of any such laws and regulations.
4. SUPPORT AND UPDATE:
YAMAHA, YAMAHA's subsidiaries and affiliates, their distributors and dealers are not responsible for maintaining or helping you to
use the SOFTWARE. No updates, bug-fixes or support will be made available to you for the SOFTWARE.
5. DISCLAIMER OF WARRANTY:
5-1. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
5-2. IN NO EVENT SHALL YAMAHA, YAMAHA'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEAL-
ERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS
PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWARE, USE THEREOF, OR INABILITY TO USE THEREOF
EVEN IF YAMAHA, YAMAHA'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS OR DEALERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLU-
SION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLU-
SION MAY NOT APPLY TO YOU.
5-3. YAMAHA, YAMAHA'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS SHALL HAVE NO
OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING
THAT THE SOFTWARE OR USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.
6. TERM:
6-1. This AGREEMENT becomes effective upon your agreeing the terms and conditions herein and continues in effect unless or until
terminated in accordance with the provision of 6-2 or 6-3 herein.
6-2. You may terminate this AGREEMENT by deleting the SOFTWARE installed into the PRODUCT.
6-3. This AGREEMENT will also terminate if you fail to comply with any of the terms and conditions of this AGREEMENT.
6-4. In case this AGREEMENT is terminated in accordance with the provision 6-3, you shall promptly delete the SOFTWARE.
6-5. Notwithstanding anything contains herein, Sections 2 though 6 shall survive any termination or expiration hereof.
7. SEVERABILITY:
In the event that any provision of this AGREEMENT is declared or found to be illegal by any court or tribunal of competent jurisdiction,
such provision shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this
AGREEMENT shall remain in full force and effect.
CONFIRMATION SOFTWARE LICENSE AGREEMENT
SOFTWARE LICENSE AGREEMENT
