Software License Agreement - Yamaha S70XS Owner's Manual

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
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 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.
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
ATTENTION
single computer
.
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. 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.
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.
S90 XS/S70 XS Owner's Manual
61