SIBELIUS SCORCH LICENSE AGREEMENT
By using this Product you (an individual or legal entity) agree with the Licensor to be bound by the terms of this License which will govern your use of the Product. If you do not accept these terms, do not use this Product.
This Product is copyright (c) Sibelius Software Limited and its licensors
1. Definitions
In this License the following words and expressions have the following meanings :
"License": this agreement between you and the Licensor and, if permitted by the context, the conditional license granted to you in this agreement.
"Licensor": Sibelius Software Limited, an English company (registered no. 3338819) of The Old Toy Factory,
"Product": the Software and the Documentation.
"Software": the Sibelius Scorch web browser
"Documentation": any documentation in any form relating to the Software supplied to you with the Software or by the Licensor.
2. License
2.1The Licensor grants to you a
2.2You may make one printout for your own use of any part of the Documentation provided in electronic form. You shall not make or permit any third party to make any further copies of any part of the Product whether in eye or
2.3You shall not, and shall not cause or permit any third party to,(1) translate, enhance, modify, alter or adapt the Product or any part of it for any purpose (including without limitation for the purpose of error correction); (2) create derivative works based on the Product, or cause the whole or any part of the Product to be combined with or incorporated into any other program, file or product, for any purpose; or (3) use the Software to create files in any format (other than temporary files created and required by your computer's operating system), including without limitation screen capture files, files generated from the Software's playback, graphics files and print files, for any purpose, except for creating MIDI files (if permitted by the Software) for private
2.4You shall not, and shall not cause or permit any third party to, decompile, decode, disassemble or reverse engineer the Software in whole or in part for any purpose.
2.5You shall not, and shall not cause any third party to, translate, convert, decode or reverse engineer any file capable of being read by any copy or version of the Software or any data transmitted to or from any copy or version of the Software, in whole or in part for any purpose.
2.6The Product or any part of it must not be used to infringe any right of copyright or right of privacy, publicity or personality or any other right whatsoever of any other person or entity.
3. Copyright
3.1You acknowledge that copyright in the Product as a whole and in the components of the Product as between you and the Licensor belongs to the Licensor or its licensees and is protected by copyright laws, national and international, and all other applicable laws.
4. Disclaimer of Liability
4.1In consideration of the fact that the Product is licensed hereunder free of charge, (a) the Licensor disclaims any and all warranties with respect to the Product, whether expressed or implied, including without limitation any warranties that the Product is free from defects, will perform in accordance with the Documentation, is merchantable, or is fit for any particular purpose, and (b) the Licensor shall not have or incur any liability to you for any loss, cost, expense or claim (including without limitation any liability for loss or corruption of data and loss of profits, revenue or goodwill and any type of special, indirect or consequential loss) that may arise out of or in connection with your installation and use of the Product.
5. Termination
5.1This License shall terminate automatically upon your destruction of the Product. In addition, the Licensor may elect to terminate this License in the event of a material breach by you of any condition of this License or of any of your representations, warranties, covenants or obligations hereunder. Upon notification of such termination by the Licensor, you will immediately delete the Software from your computer and destroy the Documentation.
6. Miscellaneous
6.1No failure to exercise and no delay in exercising on the part of the Licensor of any right, power or privilege arising hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies of the Licensor in connection herewith are not exclusive of any rights or remedies provided by law.
6.2You may not distribute, loan, lease,
6.3You agree to the use of your personal data in accordance with the Licensor's privacy policy (available from the Licensor or on www.sibelius.com) which may change from time to time.
6.4This License is intended by the parties hereto to be a final expression of their agreement with respect to the subject matter hereof and a complete and exclusive statement of the terms of such agreement. This License supercedes any and all prior understandings, whether written or oral, between you and the Licensor relating to the subject matter hereof.
6.5(This section only applies if you are resident in the European Union:) This License shall be construed and governed by the laws of England, and both parties agree to submit to the exclusive jurisdiction of the English courts.
6.6(This section only applies if you are not resident in the European Union:) This License shall be construed and enforced in accordance with and governed by the laws of the State of California. Any suit, action or proceeding arising out of or in any way related or connected to this License shall be brought and maintained only in the United States District Court for the Northern District of California, sitting in the City of San Francisco. Each party irrevocably submits to the jurisdiction of such federal court over any such suit, action or proceeding. Each party knowingly, voluntarily and irrevocably waives trial by jury in any suit, action or proceeding (including any counterclaim), whether at law or in equity, arising out of or in any way related or connected to this License or the subject matter hereof.
(License v2.8, 10 Jan 2005)
