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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.
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 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.
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 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.
12
DME Designer Installation Guide
ATTENTION
SOFTWARE LICENSE AGREEMENT
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. 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.
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
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.
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,
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.
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