Yamaha aw1600 ATTENTION SOFTWARE LICENSE AGREEMENT

AW1600 Owner’s Manual

228

ATTENTION

SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT

(“AGREEMENT”) CAREFULLY BEFORE USING THIS SOFT-

WARE. 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 CORPORA-

TION (“YAMAHA”).

BY BREAKING THE SEAL OF THIS PACKAGE YOU ARE AGREE-

ING 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 pro-

gram(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 propri-

etary 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, decompi-

lation 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 with-

out 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 ter-

minate 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 acci-

dent, abuse or misapplication. TO THE FULLEST EXTENT PERMIT-

TED 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 pro-

vided “AS IS” and without warranty of any kind. NOTWITHSTAND-

ING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA

EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFT-

WARE, EXPRESS, AND IMPLIED, INCLUDING BUT NOT LIM-

ITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGE-

MENT OF THIRD PARTY RIGHTS. SPECIFICALLY, BUT WITH-

OUT 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 CON-

SEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST

DATA OR OTHER DAMAGES ARISING OUT OF THE USE, MIS-

USE 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 DIS-

CLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT

NOT LIMITED TO THE IMPLIED WARRANTIES OF MER-

CHANTABILITY AND FITNESS FOR A PARTICULAR PUR-

POSE, 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 con-

sequential damages, expenses, lost proﬁts, lost data or other dam-

ages 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 Japa-

nese 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 bind-

ing unless in writing and signed by a fully authorized representative of

Yamaha.