Manual Yamaha DGX-230 (page 113 of 120) (English)

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DGX-230/YPG-235 Owner’s Manual 113

ATTENTION

SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREE-

MENT”) 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.

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 SOFT-

WARE shall encompass any updates to the accompanying software and data.

The SOFTWARE is owned by Yamaha and/or Yamaha’s licensor(s), and is pro-

tected by relevant copyright laws and all applicable treaty provisions. While

you are entitled to claim ownership of the data created with the use of SOFT-

WARE, the SOFTWARE will continue to be protected under relevant copy-

rights.

• 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 copy-

right 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 SOFT-

WARE, provided that you do not retain any copies and the recipient reads

and agrees to the terms of this Agreement.

2. RESTRICTIONS

• You may not engage in reverse engineering, disassembly, decompilation or

otherwise deriving a source code form of the SOFTWARE by any method

whatsoever.

• You may not reproduce, modify, change, rent, lease, or distribute the SOFT-

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

• You may not electronically transmit the SOFTWARE from one computer to

another or share the SOFTWARE in a network with other computers.

• You may not use the SOFTWARE to distribute illegal data or data that vio-

lates public policy.

• You may not 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 com-

mercial purposes without permission of the copyright owner.

• Data received by means of the SOFTWARE 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 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 SOFT-

WARE and remains effective until terminated. If any copyright law or provi-

sions of this Agreement is violated, the Agreement shall terminate

automatically and immediately without notice from Yamaha. Upon such termi-

nation, you must immediately destroy the licensed SOFTWARE, any accom-

panying 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 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. 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 dam-

aged 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 DIS-

CLAIMS ALL WARRANTIES AS TO THE SOFTWARE, EXPRESS, AND

IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WAR-

RANTIES 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 PER-

MIT USE OF THE SOFTWARE UNDER THE TERMS HEREOF. IN NO

EVENT SHALL YAMAHA BE LIABLE TO YOU OR ANY OTHER PER-

SON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY

DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,

EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARIS-

ING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFT-

WARE, 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 SOFT-

WARE.

7. THIRD PARTY SOFTWARE

Third party software and data (“THIRD PARTY SOFTWARE”) may be

attached to the SOFTWARE. If, in the written materials or the electronic data

accompanying the Software, Yamaha identiﬁes any software and data as

THIRD PARTY SOFTWARE, you acknowledge and agree that you must abide

by the provisions of any Agreement provided with the THIRD PARTY SOFT-

WARE and that the party providing the THIRD PARTY SOFTWARE is

responsible for any warranty or liability related to or arising from the THIRD

PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD

PARTY SOFTWARE or your use thereof.

•Yamaha provides no express warranties as to the THIRD PARTY SOFT-

WARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL

IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR

A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE.

•Yamaha shall not provide you with any service or maintenance as to the

THIRD PARTY SOFTWARE.

•Yamaha 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 PARTY SOFTWARE.

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 Tokyo 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 SOFTWARE and any accompanying written materials and

supersedes all prior or contemporaneous understandings or agreements, writ-

ten 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.

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Yamaha DGX-230 Manual

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