Musical Instrument Owner's Manual

DME Setup Manual 22
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.
1. GRANT OF LICENSE AND COPYRIGHT
Yamaha hereby grants you the right to use 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 your computer(s).
•You may make one or reasonable copies 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. 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.
5. 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.
6. 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.
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.
U.R.G., Pro Audio & Digital Musical Instrument Division, Yamaha Corporation
© 2007 Yamaha Corporation
MW B0
SOFTWARE LICENSE AGREEMENT