DGX-505/305 Owner’s Manual
109
SIBELIUS SCORCH LICENSE AGREEMENT
By 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 use this Product.
This Product is copyright (c) Sibelius Software Limited and its licensors 1987-2005.
1. Definitions
In this License the following words and e xpressions 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": Sibelius Software Limited, an English company
(registered no. 3338819) of The Old T oy Factory , 20-22 City North,
Fonthill Road, London N4 3HN, UK.
"Product": the Software and the Documentation.
"Software": the Sibelius Scorch web browser plug-in, Opus and
Inkpen2 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-exclusiv e non-transferable
license to use this Software in accordance with the
Documentation on a single terminal of a single computer in a
single location. Any further use is prohibited. T itle to the
Product is not transferred to you. Ownership of the Product
remains vested in the Licensor , subject to the rights granted to
you under this License. All other rights are reserved.
2.2 Y ou may make one printout for your own use of any part of the
Documentation provided in electronic form. Y ou 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 Y ou shall not, and shall not cause or permit an y 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 deriv ativ e 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), 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 priv ate non-commercial use.
2.4 Y ou 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 Y ou shall not, and shall not cause any third party to, translate,
con vert, decode or re verse engineer any file capable of being
read by any copy or version of the Software or an y 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 priv acy , publicity or personality or
any other right whatsoev er of any other person or entity .
3. Copyright
3.1 Y ou 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 licensees 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, rev enue 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. T er mination
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 ex ercise and no delay in exercising on the part of
the Licensor of any right, power or pri vilege arising hereunder
shall operate as a waiv er thereof, nor shall any single or partial
ex ercise of any right, power or pri vilege preclude any other or
further exercise thereof or the e xercise of any other right, po wer
or privile ge. The rights and remedies of the Licensor in
connection herewith are not exclusi ve of any rights or remedies
provided by law .
6.2 Y ou may not distribute, loan, lease, sub-license, rent or
otherwise transfer the Product to any third party .
6.3 Y ou agree to the use of your personal data in accordance with
the Licensor's priv acy policy (av ailable 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 exclusiv e 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
exclusi ve 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 irrev ocably submits to the jurisdiction of
such federal court over an y such suit, action or proceeding. Each
party knowingly , voluntarily and irrev ocably waiv es 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 v2.8, 10 Jan 2005)