•You may make one copy of the SOFTWARE in
•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 deriv- ing 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 SOFT- WARE.
•You may not electronically transmit the SOFT- WARE from one computer to another or share the SOFTWARE in a network with other comput- ers.
•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 restric- tions 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 distrib- uted, 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 SOFT- WARE, 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 rem- edy 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 misappli- cation. 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 SOFT- WARE and related documentation are provided “AS IS” and without warranty of any kind. NOT-
WITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA EXPRESSLY DIS- CLAIMS ALL WARRANTIES AS TO THE SOFT- WARE, EXPRESS, AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU- LAR PURPOSE AND
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, INCLUD- ING, WITHOUT LIMITATION, ANY DIRECT, INDI- RECT, 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 AUTHO- RIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Yamaha’s total liability to you for all dam- ages, 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 compe- tent jurisdiction finds any portion of this Agree- ment 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 mate- rials and supersedes all prior or contemporane- ous understandings or agreements, written or oral, regarding the subject matter of this Agree- ment. No amendment or revision of this Agree- ment will be binding unless in writing and signed by a fully authorized representative of Yamaha.
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