8 Accessory CD-ROM for Windows Installation Guide
A TTENTION
SOFTW ARE LICENSE AGREEMENT
PLEASE READ THIS SOFTW ARE LICENSE AGREEMENT ("A GREEMENT") C AREFULL Y BEFORE USING THIS SOFTW ARE. Y OU ARE ONL Y
PERMITTED TO USE THIS SOFTW ARE PURSUANT TO THE TERMS AND CONDITIONS OF THIS A GREEMENT . THIS A GREEMENT IS BETWEEN Y OU
(AS AN INDIVIDU AL OR LEGAL ENTITY) AND Y AMAHA CORPORA TION ("Y AMAHA").
BY BREAKING THE SEAL OF THIS P A CKA GE YOU ARE A GREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF Y OU DO NOT AGREE WITH
THE TERMS, DO NOT INST ALL, COPY , OR OTHER WISE USE THIS SOFTW ARE.
1. GRANT OF LICENSE AND COPYRIGHT
Y amaha hereb y grants you the right to use one cop y of the software progr am(s)
and data (“SOFTW ARE”) accompanying this Agreement. The term
SOFTW ARE shall encompass any updates to the accompanying softwar e and
data. The SOFTW ARE is owned by Y amaha and/or Y amaha’s licensor(s), and is
protected by r elevant copyright la ws and all applicable treaty pr ovisions. While
you are entitled to claim o wnership of the data created with the use of
SOFTW ARE, the SOFTW ARE will continue to be protected under r elevant
copyrights.
• Y ou ma y use the SOFTW ARE on a single computer .
• Y ou ma y make one cop y of the SOFTW ARE in machine-readable form for
backup purposes only , if the SOFTW ARE is on media where such backup
copy is permitted. On the backup copy , you must repr oduce Y amaha's
copyright notice and any other pr oprietary legends that were on the original
copy of the SOFTW ARE.
• Y ou ma y permanently transfer to a thir d party all your rights in the
SOFTW ARE, provided that you do not r etain any copies and the recipient
reads and agr ees to the terms of this Agreement.
2. RESTRICTIONS
• Y ou ma y not engage in rev erse engineering, disassembly , decompilation or
otherwise deriving a source code form of the SOFTW ARE by any method
whatsoever .
• Y ou ma y not repr oduce , modify , change , rent, lease , or distribute the
SOFTW ARE in whole or in part, or create derivative w orks of the
SOFTW ARE.
• You ma y not electronically tr ansmit the SOFTW ARE from one computer to
another or share the SOFTW ARE in a network with other computers.
• Y ou ma y not use the SOFTW ARE to distribute illegal data or data that
violates public policy .
• Y ou ma y not initiate services based on the use of the SOFTW ARE without
permission by Y amaha Corporation.
Copyrighted data, including but not limited to MIDI data for songs, obtained by
means of the SOFTW ARE, are subject to the following restrictions which y ou
must observe .
• Data received b y means of the SOFTW ARE may not be used for any
commercial purposes without permission of the copyright o wner.
• Data received b y means of the SOFTW ARE may not be duplicated,
transferred, or distributed, or pla yed back or performed for listeners in
public without permission of the copyright owner .
• The encryption of data received b y means of the SOFTW ARE may not be
remov ed nor may the electronic watermark be modified without permission
of the copyright owner .
3. TERMINA TION
This Agreement becomes effective on the da y that you receive the SOFTW ARE
and remains effective until terminated. If an y copyright law or pro visions of this
Agreement is violated, the Agreement shall terminate automatically and
immediately without notice from Y amaha. Upon such termination, you must
immediately destroy the licensed SOFTW ARE, any accompan ying written
documents and all copies thereof.
4. LIMITED W ARRANTY ON MEDIA
As to SOFTW ARE sold on tangible media, Y amaha warrants that the tangible
media on which the SOFTW ARE is recorded will be free fr om defects in
materials and workmanship under normal use for a period of fourteen (14) days
from the date of receipt, as e videnced by a copy of the receipt. Y amaha's entire
liability and your ex clusive remedy will be replacement of the defectiv e media if
it is returned to Y amaha or an authorized Y amaha dealer within fourteen days
with a copy of the receipt. Y amaha is not responsible for replacing media
damaged by accident, abuse or misapplication. TO THE FULLEST EXTENT
PERMITTED B Y LA W , Y AMAHA EXPRESSL Y DISCLAIMS ANY IMPLIED
W ARRANTIES ON THE T ANGIBLE MEDIA, INCLUDING THE IMPLIED
W ARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A
PA RTICULAR PURPOSE.
5. DISCLAIMER OF W ARRANTY ON
SOFTW ARE
You expr essly acknowledge and agree that use of the SOFTW ARE is at your sole
risk. The SOFTW ARE and related documentation are pro vided "AS IS" and
without warranty of an y kind. NOTWITHST ANDING ANY OTHER
PR OVISION OF THIS A GREEMENT , Y AMAHA EXPRESSL Y DISCLAIMS
ALL W ARRANTIES AS TO THE SOFTW ARE, EXPRESS, AND IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED W ARRANTIES OF
MER CHANT ABILITY , FITNESS FOR A P AR TICULAR PURPOSE AND
NON-INFRINGEMENT OF THIRD P AR TY RIGHTS. SPECIFICALL Y , BUT
WITHOUT LIMITING THE FOREGOING, Y AMAHA DOES NOT
WARRANT THA T THE SOFTW ARE WILL MEET YOUR REQUIREMENTS,
THA T THE OPERA TION OF THE SOFTW ARE WILL BE
UNINTERR UPTED OR ERROR -FREE, OR THA T DEFECTS IN THE
SOFTW ARE WILL BE CORRECTED.
6. LIMIT A TION OF LIABILITY
Y AMAHA ’S ENTIRE OBLIGA TION HEREUNDER SHALL BE TO PERMIT
USE OF THE SOFTW ARE UNDER THE TERMS HEREOF . IN NO EVENT
SHALL Y AMAHA BE LIABLE TO Y OU OR ANY OTHER PERSON FOR
ANY D AMAGES, INCLUDING, WITHOUT LIMIT A TION, ANY DIRECT ,
INDIRECT , INCIDENT AL OR CONSEQUENTIAL D AMAGES, EXPENSES,
LOST PR OFITS, LOST DA T A OR OTHER D AMAGES ARISING OUT OF
THE USE, MISUSE OR INABILITY TO USE THE SOFTW ARE, EVEN IF
Y AMAHA OR AN A UTHORIZED DEALER HAS BEEN AD VISED OF THE
POSSIBILITY OF SUCH D AMAGES. In no e vent shall Y amaha'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 SOFTW ARE.
7. THIRD P ARTY SOFTW ARE
Third party softwar e and data ("THIRD P AR TY SOFTW ARE") may be
attached to the SOFTW ARE. If, in the written materials or the electronic data
accompanying the Softwar e, Y amaha identifies any softwar e and data as THIRD
PA RTY SOFTW ARE, you acknowledge and agr ee that you must abide by the
provisions of an y Agreement provided with the THIRD P AR TY SOFTW ARE
and that the party providing the THIRD P AR TY SOFTW ARE is responsible for
any warr anty or liability related to or arising from the THIRD P AR TY
SOFTW ARE. Y amaha is not responsible in any w ay for the THIRD P AR TY
SOFTW ARE or your use thereof.
•Yamaha provides no e xpress warranties as to the THIRD P AR TY
SOFTW ARE. IN ADDITION, Y AMAHA EXPRESSL Y DISCLAIMS ALL
IMPLIED W ARRANTIES, INCLUDING BUT NOT LIMITED TO THE
IMPLIED W ARRANTIES OF MERCHANT ABILITY AND FITNESS FOR
A P AR TICULAR PURPOSE, as to the THIRD P AR TY SOFTW ARE.
•Yamaha shall not provide y ou with any service or maintenance as to the
THIRD P AR TY SOFTW ARE.
•Yamaha is not liable to you or any other person for an y damages, including,
without limitation, any direct, indir ect, incidental or consequential damages,
expenses, lost profits, lost data or other damages arising out of the use ,
misuse or inability to use the THIRD P AR TY SOFTW ARE.
8. GENERAL
This Agreement shall be interpreted accor ding to and governed by Japanese la w
without reference to principles of conflict of la ws. Any dispute or procedure
shall be heard before the T okyo District Court in Japan. If for any reason a court
of competent jurisdiction finds any portion of this Agreement to be
unenforceable , the remainder of this Agreement shall continue in full for ce and
effect.
9. COMPLETE AGREEMENT
This Agreement constitutes the entire agr eement between the parties with
respect to use of the SOFTW ARE and any accompanying written materials and
supersedes all prior or contemporaneous understandings or agreements, written
or oral, r egarding the subject matter of this Agreement. No amendment or
revision of this Agreement will be binding unless in writing and signed b y a
fully authorized representativ e of Y amaha.
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