Bedienungsanleitung Yamaha S90XS (Seite 61 von 64) (Englisch)

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S90 XS/S70 XS Owner’s Manual

ATTENTION

SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THIS SOFTWARE. YOU ARE ONLY

PERMITTED TO USE THIS SOFTWARE PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS BETWEEN

YOU (AS AN INDIVIDUAL OR LEGAL ENTITY) AND YAMAHA CORPORATION (“YAMAHA”).

BY BREAKING THE SEAL OF THIS PACKAGE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE

WITH THE TERMS, DO NOT INSTALL, COPY, OR OTHERWISE USE THIS SOFTWARE.

THIS AGREEMENT PROVIDES YOUR USE-CONDITIONS ABOUT THE “DAW” SOFTWARE OF STEINBERG MEDIA TECHNOLOGIES GMBH

(“STEINBERG”) WHICH IS BUNDLED WITH THIS PRODUCT. SINCE THE END-USER SOFTWARE LICENSE AGREEMENT (EUSLA) SHOWN ON

YOUR PC-DISPLAY IN YOUR INSTALLING THE “DAW” SOFTWARE IS REPLACED BY THIS AGREEMENT, YOU SHOULD DISREGARD THE

EUSLA. THAT IS, IN THE INSTALLING PROCESS, YOU SHOULD SELECT “AGREE” WITH THE EUSLA, WITHOUT YOUR JUDGMENT THERETO,

SO AS TO PROCEED TO THE NEXT PAGE.

1. GRANT OF LICENSE AND COPYRIGHT

Yamaha hereby grants you the right to use one copy of the software

program(s) and data (“SOFTWARE”) accompanying this Agreement.

The term SOFTWARE shall encompass any updates to the

accompanying software and data. The SOFTWARE is owned by

STEINBERG, and is protected by relevant copyright laws and all

applicable treaty provisions. Yamaha has acquired the sublicense

right to license you to use the SOFTWARE. While you are entitled to

claim ownership of the data created with the use of SOFTWARE, the

SOFTWARE will continue to be protected under relevant copyrights.

You may use the SOFTWARE on a single computer.

You may make one copy of the SOFTWARE 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

reproduce Yamaha’s copyright notice and any other proprietary

legends that were on the original copy of the SOFTWARE.

You may permanently transfer to a third party all your rights in the

SOFTWARE only when you transfer this product together, provided

that you do not retain any copies and the recipient reads and agrees

to the terms of this Agreement.

2. RESTRICTIONS

You may no t engage in reverse engineering, disassembly,

decompilation or otherwise deriving a source code form of the

SOFTWARE by any method whatsoever.

You may no t reproduce, modify, change, rent, lease, or distribute

the SOFTWARE in whole or in part, or create derivative works of the

SOFTWARE.

You may no t electronically transmit the SOFTWARE from one

computer to another or share the SOFTWARE in a network with other

computers.

You may no t use the SOFTWARE to distribute illegal data or data

that violates public policy.

You may no t initiate services based on the use of the SOFTWARE

without permission by Yamaha Corporation.

Copyrighted data, including but not limited to MIDI data for songs,

obtained by means of the SOFTWARE, are subject to the following

restrictions which you must observe.

Data received by means of the SOFTWARE may not be used for any

commercial purposes without permission of the copyright owner.

Data received by means of the SOFTWARE may not be duplicated,

transferred, or distributed, or played back or performed 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 electronic watermark be modified

without permission of the copyright owner.

3. TERMINATION

This Agreement becomes effective on the day that you receive the

SOFTWARE and remains effective until terminated. If any copyright

law or provisions of this Agreement is violated, the Agreement shall

terminate automatically and immediately without notice from

Yamaha. Upon such termination, you must immediately destroy the

licensed SOFTWARE, any accompanying written documents and all

copies thereof.

4. LIMITED WARRANTY ON MEDIA

As to SOFTWARE sold on tangible media, Yamaha warrants that the

tangible media on which the SOFTWARE is recorded will be free from

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. Yamaha's entire liability and your exclusive

remedy will be replacement of the defective media if it is returned to

Yamaha or an authorized Yamaha dealer within fourteen days with a

copy of the receipt. Yamaha is not responsible for replacing media

damaged by accident, abuse or misapplication. TO THE FULLEST

EXTENT PERMITTED BY LAW, YAMAHA EXPRESSLY DISCLAIMS

ANY IMPLIED WARRANTIES ON THE TANGIBLE MEDIA,

INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY

AND FITNESS FOR A PARTICULAR PURPOSE.

5. DISCLAIMER OF WARRANTY ON SOFTWARE

You expressly acknowledge and agree that use of the SOFTWARE is

at your sole risk. The SOFTWARE and related documentation are

provided “AS IS” and without warranty of any kind.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS

AGREEMENT, YAMAHA EXPRESSLY DISCLAIMS ALL WARRANTIES

AS TO THE SOFTWARE, EXPRESS, AND IMPLIED, INCLUDING BUT

NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPECIFICALLY,

BUT WITHOUT LIMITING THE FOREGOING, YAMAHA DOES NOT

WARRANT THAT THE SOFTWARE WILL MEET YOUR

REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL

BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE

SOFTWARE WILL BE CORRECTED.

6. LIMITATION OF LIABILITY

YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO

PERMIT USE OF THE SOFTWARE UNDER THE TERMS HEREOF. IN

NO EVENT SHALL YAMAHA BE LIABLE TO YOU OR ANY OTHER

PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,

ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL

DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER

DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO

USE THE SOFTWARE, EVEN IF YAMAHA OR AN AUTHORIZED

DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. In no event shall Yamaha'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 SOFTWARE.

7. G E N E R A L

This Agreement shall be interpreted according to and governed by

Japanese law without reference to principles of conflict of laws. Any

dispute or procedure shall be heard before the Tokyo 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 force and effect.

8. COMPLETE AGREEMENT

This Agreement constitutes the entire agreement between the parties

with respect to use of the SOFTWARE and any accompanying written

materials and supersedes all prior or contemporaneous

understandings or agreements, written or oral, regarding the subject

matter of this Agreement. No amendment or revision of this

Agreement will be binding unless in writing and signed by a fully

authorized representative of Yamaha.

Yamaha S90XS Seite 61

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