SOFTWARE LICENSE AGREEMENT
MOTIF-RACK XS Owner’s Manual
113
Basic Structure
V oice
Multi Utility
Reference
The Controls &
Connectors
Setting Up
Listening to
the Sound
Connections
Using a Computer
Quick Guide
Appendix
A TTENTION
PLEASE READ THIS SOFTW ARE LICENSE AGREEMENT
(“AGREEMENT”) CAREFULL Y BEFORE USING THIS SOFTWARE. YOU
ARE ONL Y PERMITTED TO USE THIS SOFTW ARE PURSUANT TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT . THIS AGREEMENT IS
BETWEEN YOU (AS AN INDIVIDUAL OR LEGAL ENTITY) AND Y AMAHA
CORPORA TION (“Y AMAHA”).
BY BREAKING THE SEAL OF THIS P ACKAGE YOU ARE AGREEING TO
BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE
WITH THE TERMS, DO NOT INST ALL, COPY , OR OTHERWISE USE THIS
SOFTW ARE.
THIS AGREEMENT PROVIDES YOUR USE-CONDITIONS ABOUT THE
“DA W” SOFTW ARE OF STEINBERG MEDIA TECHNOLOGIES
GMBH(“STEINBERG”) WHICH IS BUNDLED WITH THIS PRODUCT .
SINCE THE END-USER SOFTW ARE LICENSE AGREEMENT (EUSLA)
SHOWN ON YOUR PC-DISPLA Y IN YOUR INST ALLING THE “DAW”
SOFTW ARE IS REPLACED BY THIS AGREEMENT , YOU SHOULD
DISREGARD THE EUSLA. THA T IS, IN THE INST ALLING PROCESS, YOU
SHOULD SELECT “AGREE” WITH THE EUSLA, WITHOUT YOUR
JUDGMENT THERETO, SO AS TO PROCEED TO THE NEXT P AGE.
1.
GRANT OF LICENSE AND COPYRIGHT
Y amaha hereby grants you the right to use one copy of the softwar e
program(s) and data (“SOFTW ARE”) accompanying this Agreement. The
term SOFTWARE shall encompass any updates to the accompanying
software and data. The SOFTW ARE is owned by STEINBERG, and is
protected by r elevant copyright laws and all applicable treaty pr ovisions.
Y amaha has acquired the sublicense right to license you to use the
SOFTW ARE. While you are entitled to claim ownership of the data
created with the use of SOFTW ARE, the SOFTWARE will continue to be
protected under r elevant copyrights.
• Y ou may use the SOFTW ARE on a single computer .
• Y ou may make one copy of the SOFTW ARE 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 repr oduce Y amaha’ s copyright notice and any other
proprietary legends that were on the original copy of the
SOFTW ARE.
• You may permanently transfer to a third party all your rights in the
SOFTW ARE only when you transfer this product together , pr ovided
that you do not retain any copies and the r ecipient reads and
agrees to the terms of this Agreement.
2.
RESTRICTIONS
• Y ou may not engage in r everse engineering, disassembly ,
decompilation or otherwise deriving a source code form of the
SOFTW ARE by any method whatsoever .
• You may not r eproduce, modify , change, rent, lease, or distribute
the SOFTW ARE in whole or in part, or create derivative works of
the SOFTW ARE.
• Y ou may not electr onically transmit the SOFTWARE fr om one
computer to another or share the SOFTW ARE in a network with
other computers.
• Y ou may not use the SOFTW ARE to distribute illegal data or data
that violates public policy .
• You may 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 you must observe.
• Data received by means of the SOFTW ARE may not be used for
any commercial purposes without permission of the copyright
owner .
• Data received by means of the SOFTW ARE may not be
duplicated, transferred, or distributed, or played back or
perfor med 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 electr onic watermark be modified
without permission of the copyright owner .
3.
TERMINA TION
This Agreement becomes ef fective on the day that you receive the
SOFTW ARE and remains ef fective until terminated. If any copyright law or
provisions of this Agr eement is violated, the Agreement shall terminate
automatically and immediately without notice fr om Y amaha. Upon such
termination, you must immediately destroy the licensed SOFTW ARE, any
accompanying written documents and all copies ther eof.
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 recor ded 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 evidenced by a copy of
the receipt. Y amaha’ s entire liability and your exclusive r emedy will be
replacement of the defective media if it is r eturned to Y amaha or an
authorized Y amaha dealer within fourteen days with a copy of the receipt.
Y amaha is not responsible for r eplacing media damaged by accident,
abuse or misapplication. TO THE FULLEST EXTENT PERMITTED BY
LA W , Y AMAHA EXPRESSL Y DISCLAIMS ANY IMPLIED WARRANTIES ON
THE T ANGIBLE MEDIA, INCLUDING THE IMPLIED W ARRANTIES OF
MERCHANT ABILITY AND FITNESS FOR A P ARTICULAR PURPOSE.
5.
DISCLAIMER OF W ARRANTY ON SOFTW ARE
Y ou expressly acknowledge and agr ee that use of the SOFTW ARE is at
your sole risk. The SOFTW ARE and related documentation ar e provided
“AS IS” and without warranty of any kind. NOTWITHST ANDING ANY
OTHER PROVISION OF THIS AGREEMENT , 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 MERCHANT ABILITY , FITNESS FOR A P ARTICULAR
PURPOSE AND NON-INFRINGEMENT OF THIRD P ARTY RIGHTS.
SPECIFICALL Y , BUT WITHOUT LIMITING THE FOREGOING, Y AMAHA
DOES NOT W ARRANT THA T THE SOFTW ARE WILL MEET YOUR
REQUIREMENTS, THA T THE OPERA TION OF THE SOFTW ARE WILL BE
UNINTERRUPTED 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 YOU OR ANY OTHER PERSON FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMIT A TION, ANY DIRECT ,
INDIRECT , INCIDENT AL OR CONSEQUENTIAL DAMAGES, EXPENSES,
LOST PROFITS, LOST DA T A OR OTHER DAMAGES ARISING OUT OF
THE USE, MISUSE OR INABILITY TO USE THE SOFTW ARE, EVEN IF
Y AMAHA OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event 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.
GENERAL
This Agreement shall be interpr eted according to and governed by
Japanese law without refer ence to principles of conflict of laws. Any
dispute or procedur e shall be heard befor e 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 r emainder of this
Agreement shall continue in full for ce and effect.
8.
COMPLETE A GREEMENT
This Agreement constitutes the entir e agreement 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 r evision of this Agreement will be binding
unless in writing and signed by a fully authorized r epresentative of
Y amaha.
SOFTW ARE LICENSE AGREEMENT