Accessory CD-ROM for Windows Inst allation Gu ide
7
AT T E N T I O N
SOFTW ARE LICENSE AGREEMENT
PLEASE READ THIS SOFTW ARE LICENSE AGREEMENT (“ AGREE-
MENT”) CAREFULL Y BEFORE USING THIS SOFTW ARE. 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 INDIVIDU AL OR LEGAL ENTITY) AND
Y AMAHA CORPORA TION (“Y AMAHA”).
BY BREAKING THE SEAL OF THIS P ACKA GE Y OU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NO T
AGREE WITH THE TERMS, DO NO T INST ALL, COPY , OR OTHER WISE
USE THIS SOFTW ARE.
1 . GRANT OF LICENSE AND COPYRIGHT
Y amaha hereby grants you the right to use one copy of the software program(s)
and data (“SOFTW ARE”) accompanying this Agreement. The term SOFT -
W ARE shall encompass any updates to the accompanying software and data.
The SOFTW ARE is owned by Y amaha and/or Y amaha’ s licensor(s), and is pro-
tected by relev ant copyright laws and all applicable treaty provisions. While
you are entitled to claim ownership of the data created with the use of SOFT -
W ARE, the SOFTW ARE will continue to be protected under relevant copy-
rights.
• Yo u m a y use the SOFTW ARE on a single computer.
• Yo u m a y make one copy 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 reproduce Y amaha’s copy-
right notice and any other proprietary legends that were on the original copy
of the SOFTW ARE.
• Yo u m a y permanently transfer to a third party all your ri ghts in the SOFT -
W ARE, provided that you do not retain any copies and the recipient reads and
agrees to the terms of this Agreement.
2. RESTRICTIONS
• Y ou may not engage in reverse engineering, disassembly , decompilation or
otherwise deriving a source code form of the SOFTW ARE by any method
whatsoever .
• Y ou may not reproduce, modify, change, rent, lease, or distrib ute the SOFT -
W ARE in whole or in part, or create derivati ve works of the SOFTW ARE.
• Y ou may not electronically transmit the SOFTW ARE from 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 vio-
lates public policy .
• Y ou 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 subj ect to the following restrictions which you
must observe.
• Data received by means of the SOFTW ARE may not be used for any com-
mercial purposes without permission of the copyright owner .
• Data received by means of the SOFTW ARE may not be duplicated, trans-
ferred, 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 SOFTW ARE may not be
removed nor may the electronic watermark be modif ied without permission
of the copyright owner .
3. TERMINA TION
This Agreement becomes effecti ve on the day that you recei ve the SOFTW ARE
and remains effecti ve until terminated. If any 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 accompanying written doc-
uments 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 AR E is recorded will be free from defects in mate-
rials 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 exclusiv e remedy will be replacement of the defective 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 dam-
aged by accident, abuse or misapplication. TO THE FULLEST EXTENT PER-
MITTED BY LA W , Y AMAHA EXPRESSL Y DISCLAIMS ANY IMPLIED
W ARRANTIES ON THE T ANGIBLE MEDIA, INCLUDING THE IMPLIED
W ARRANTIES OF MERCH ANT ABILITY AND FITNESS FOR A P ARTIC-
ULAR PURPOSE.
5. DISCLAIMER OF W ARRANTY ON SOFTW ARE
Y ou expressly acknowledge and agree that use of the SOFTW ARE is at your
sole risk. The SOFTW ARE and related documentation are provided “ AS IS”
and without warranty of any kind. NO TWITHST ANDING ANY OTHER
PRO VISION OF THIS AGREEMENT , Y AMAHA EXP RESSL Y DISCLAIMS
ALL W ARRANTIES AS TO THE SOFTW ARE, EXPRESS, AND IMPLIED,
INCLUDING BUT NOT LIMITED T O THE IMPLIED W ARRANTIES OF
MERCHANT ABILITY , FITNESS FOR A P AR TICULAR PURPO SE AND
NON-INFRINGEMENT OF THIRD P ARTY RIGHTS. SPECIFICALL Y , BUT
WITHOUT LIMITING THE FOREGOING, Y AMAHA DOES NOT W AR-
RANT THA T THE SOFTW ARE WILL MEET YOUR REQUIREMENTS,
THA T THE OPERA TION OF THE SOFTW ARE WILL BE UNINTER-
RUPTED OR ERR OR-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 PER-
MIT USE OF THE SOFTW A RE UNDER THE TERMS HEREOF . IN NO
EVENT SHALL Y AMAHA BE L IABLE TO Y OU OR ANY O THER PER-
SON FOR ANY DAMA GES, INCLUDING, WITHOUT LIMIT A TION, ANY
DIRECT , INDIRECT, INCIDENT AL OR CONSEQUENTIAL DAMA GES,
EXPENSES, LOST PROFITS, LOST D A T A O R OTHER D AMAGES ARIS-
ING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFT -
W ARE, EVEN IF Y AMAHA OR AN AUTHORIZED DEALER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH D A MA GES. 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 SOFT -
WA R E .
7 . THIRD P ARTY SOFTW ARE
Third party software and data (“THIRD P AR TY SOFTW ARE”) may be
attached to the SOFTW ARE. If, i n the written materials or the electronic data
accompanying the Software, Y amaha identifies any software and data as
THIRD P AR TY SOFTW ARE, you acknowledge and agree that you must abide
by the provisions of any Agreement provided with the THIRD P ARTY SOFT -
W ARE and that the party providing the THIRD P ARTY SOFTW ARE is
responsible for any warranty or liability related to or arising from the THIRD
P AR TY SOFTW ARE. Y amaha is not responsible in any way for the THIRD
P AR TY SOFTW ARE or your use thereof.
• Y amaha provides no express warranties as to the THIRD P AR TY SOFT -
W 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.
• Y amaha shall not provide you with any service or maintenance as to the
THIRD P AR TY SOFTW ARE.
• Y amaha is not 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, mis-
use or inability to use the THIRD P ARTY SOFTW ARE.
8. GENERAL
This Agreement shall be interpreted according to and governed by Japanese
law without reference to principles of conflict of laws. Any dispute or proce-
dure 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 unen-
forceable, the remainder of this Agreement shall continue in full force and
effect.
9. COMPLETE AGREEMENT
This Agreement constitutes the entire 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, regarding the subject matter of this Agreement. No amendment or revi-
sion of this Agreement will be binding unless in writing and signed by a fully
authorized representative of Y amaha.