Accessory CD-ROM for Windows Installation Guide
9
English
SIBELIUS SCORCH LICENSE
AGREEMENT
By installing and/or using this Product you (an individual or legal entity) agree with the Licensor to be bound by the terms of this License which will govern your use
of the Product. If you do not accept these terms, do not install or use this Product.
The Product is copyright © 1987-2007 Sibelius Software, a division of Avid Technology, Inc, and its licensors.
1. Definitions
In this License the following words and expressions have the following
meanings:
“License”: this agreement between you and the Licensor and, if permitted by the
context, the conditional license granted to you in this agreement.
“Licensor”: Avid Technology, Inc., of Avid Technology Park, One Park West,
Tewksbury, MA 01876 USA, through its division Sibelius Software, of 20-23
City North, Fonthill Road, London N4 3HF, UK “Product”: the Software and the
Documentation.
“Software”: the Sibelius Scorch web browser plug-in, Opus, Helsinki, Inkpen2
and Reprise font families, any other programs or files supplied by the Licensor
which are included in or with the Sibelius Scorch installer, and the Sibelius
Scorch installer.
“Documentation”: any documentation in any form relating to the Software
supplied to you with the Software or by the Licensor.
2. License
2.1 The Licensor grants to you a non-exclusive non-transferable license to use
this Software in accordance with the Documentation on any number of
computers. Title to the Product is not transferred to you. Ownership of the
Product remains vested in the Licensor and its licensors, subject to the
rights granted to you under this License. All other rights are reserved.
2.2 You may make one printout for your own use of any part of the
Documentation provided in electronic form. You shall not make or permit
any third party to make any further copies of any part of the Product
whether in eye or machine-readable form.
2.3 You shall not, and shall not cause or permit any third party to,
(1) translate, enhance, modify, alter or adapt the Product or any part of it
for any purpose (including without limitation for the purpose of error
correction);
(2) create derivative works based on the Product, or cause the whole or any
part of the Product to be combined with or incorporated into any other
program, file or product, for any purpose; or
(3) use the Software to create files in any format (other than temporary
files created and required by your computer’s operating system or web
browser), including without limitation screen capture files, files
generated from the Software’s playback, graphics files and print files,
for any purpose, except for creating MIDI files (if permitted by the
Software) for private non-commercial use.
2.4 You shall not, and shall not cause or permit any third party to, decompile,
decode, disassemble or reverse engineer the Software in whole or in part for
any purpose.
2.5 You shall not, and shall not cause any third party to, translate, convert,
decode or reverse engineer any file capable of being read by any copy or
version of the Software or any data transmitted to or from any copy or
version of the Software, in whole or in part for any purpose.
2.6 The Product or any part of it must not be used to infringe any right of
copyright or right of privacy, publicity or personality or any other right
whatsoever of any other person or entity.
3. Copyright
3.1 You acknowledge that copyright in the Product as a whole and in the
components of the Product as between you and the Licensor belongs to the
Licensor or its licensors and is protected by copyright laws, national and
international, and all other applicable laws.
4. Disclaimer of Liability
4.1 In consideration of the fact that the Product is licensed hereunder free of
charge, (a) the Licensor disclaims any and all warranties with respect to the
Product, whether expressed or implied, including without limitation any
warranties that the Product is free from defects, will perform in accordance
with the Documentation, is merchantable, or is fit for any particular
purpose, and (b) the Licensor shall not have or incur any liability to you for
any loss, cost, expense or claim (including without limitation any liability
for loss or corruption of data and loss of profits, revenue or goodwill and
any type of special, indirect or consequential loss) that may arise out of or
in connection with your installation and use of the Product.
5. Termination
5.1 This License shall terminate automatically upon your destruction of the
Product. In addition, the Licensor may elect to terminate this License in the
event of a material breach by you of any condition of this License or of any
of your representations, warranties, covenants or obligations hereunder.
Upon notification of such termination by the Licensor, you will
immediately delete the Software from your computer and destroy the
Documentation.
6. Miscellaneous
6.1 No failure to exercise and no delay in exercising on the part of the Licensor
of any right, power or privilege arising hereunder shall operate as a waiver
thereof, nor shall any single or partial exercise of any right, power or
privilege preclude any other or further exercise thereof or the exercise of
any other right, power or privilege. The rights and remedies of the Licensor
in connection herewith are not exclusive of any rights or remedies provided
by law.
6.2 You may not distribute, loan, lease, sub-license, rent or otherwise transfer
the Product to any third party.
6.3 You agree to the use of your personal data in accordance with the Licensor’s
privacy policy (available from the Licensor or on www.sibelius.com), which
may change from time to time.
6.4 This License is intended by the parties hereto to be a final expression of
their agreement with respect to the subject matter hereof and a complete
and exclusive statement of the terms of such agreement. This License
supercedes any and all prior understandings, whether written or oral,
between you and the Licensor relating to the subject matter hereof.
6.5 (This section only applies if you are resident in the European Union:) This
License shall be construed and governed by the laws of England, and both
parties agree to submit to the exclusive jurisdiction of the English courts.
6.6 (This section only applies if you are not resident in the European Union:)
This License shall be construed and enforced in accordance with and
governed by the laws of the State of California. Any suit, action or
proceeding arising out of or in any way related or connected to this License
shall be brought and maintained only in the United States District Court for
the Northern District of California, sitting in the City of San Francisco.
Each party irrevocably submits to the jurisdiction of such federal court over
any such suit, action or proceeding. Each party knowingly, voluntarily and
irrevocably waives trial by jury in any suit, action or proceeding (including
any counterclaim), whether at law or in equity, arising out of or in any way
related or connected to this License or the subject matter hereof.
(License v5.0 (DMN), 30 July 2007)
