28 En
■ License agreement
ATTENTION
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 DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS
SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT DOWNLOAD,
INSTALL, COPY, OR OTHERWISE USE THIS SOFTWARE. IF YOU HAVE
DOWNLOADED OR INSTALLED THE SOFTWARE AND DO NOT AGREE TO
THE TERMS, PROMPTLY DELETE THE SOFTWARE.
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 Yamaha and/or Yamaha’s licensor(s), and is protected by relevant copyright
laws and all applicable treaty provisions. 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,
provided that you do not retain any copies and the recipient reads and agrees to the
terms of this Agreement.
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 SOFTWARE 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 violates 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 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.
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.
DOWNLOADED SOFTWARE
If you believe that the downloading process was faulty, you may contact Yamaha, and
Yamaha shall permit you to re-download the SOFTWARE, provided that you first
destroy any copies or partial copies of the SOFTWARE that you obtained through your
previous download attempt. This permission to re-download shall not limit in any
manner the disclaimer of warranty set forth in Section 5 below.
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.
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.
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 SOFTWARE 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 SOFTWARE. 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, misuse or inability to use the
THIRD PARTY SOFTWARE.
GENERAL
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.
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.
