Software License Agreement - Yamaha Tyros4 Installation Manual

ATTENTION

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.
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.
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Tyros4 Accessory CD-ROM Installation Guide
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.