Manual Yamaha CLP-S308PE (page 9 of 9) (English)

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Accessory CD-ROM for Windows Installation Guide 9

English

SIBELIUS SCORCH LICENSE

AGREEMENT

By installing and/or 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 install or use this Product.

1. Deﬁnitions

In this License the following words and expressions 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”: Avid Technology, Inc., of Avid Technology Park, One Park West,

Tewksbury, MA 01876 USA, through its division Sibelius Software, of 20-23

City North, Fonthill Road, London N4 3HF, UK “Product”: the Software and the

Documentation.

“Software”: the Sibelius Scorch web browser plug-in, Opus, Helsinki, Inkpen2

and Reprise 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-exclusive non-transferable license to use

this Software in accordance with the Documentation on any number of

computers. Title to the Product is not transferred to you. Ownership of the

Product remains vested in the Licensor and its licensors, subject to the

rights granted to you under this License. All other rights are reserved.

2.2 You may make one printout for your own use of any part of the

Documentation provided in electronic form. You 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 You shall not, and shall not cause or permit any 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 derivative 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 or web

browser), 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 private non-commercial use.

2.4 You 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 You shall not, and shall not cause any third party to, translate, convert,

decode or reverse engineer any ﬁle capable of being read by any copy or

version of the Software or any 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

whatsoever of any other person or entity.

3. Copyright

3.1 You 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 licensors 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, revenue 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. Termination

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 exercise and no delay in exercising on the part of the Licensor

of any right, power or privilege arising hereunder shall operate as a waiver

thereof, nor shall any single or partial exercise of any right, power or

privilege preclude any other or further exercise thereof or the exercise of

any other right, power or privilege. The rights and remedies of the Licensor

in connection herewith are not exclusive of any rights or remedies provided

by law.

6.2 You may not distribute, loan, lease, sub-license, rent or otherwise transfer

the Product to any third party.

6.3 You agree to the use of your personal data in accordance with the Licensor’s

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 exclusive 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 exclusive 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 irrevocably submits to the jurisdiction of such federal court over

any such suit, action or proceeding. Each party knowingly, voluntarily and

irrevocably waives 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 v5.0 (DMN), 30 July 2007)

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Yamaha CLP-S308PE Manual

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