Yamaha PSR-E413 - page 122

122 PSR-E413 Gebruikershandleiding

SIBELIUS SCORCH LICENSE AGREEMENT

By installing and/or 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 install or use this Product.

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”: Avid Technology, Inc., of Avid Technology Park, One

Park West, Tewksbury, MA 01876 USA, through its division Sibelius

Software, of 20-23 City North, Fonthill Road, London N4 3HF, UK

“Product”: the Software and the Documentation.

“Software”: the Sibelius Scorch web browser plug-in, Opus, Helsinki,

Inkpen2 and Reprise font families, any other programs or ﬁles

supplied by the Licensor which are included in or with the Sibelius

Scorch installer, and the Sibelius Scorch installer.

“Documentation”: any documentation in any form relating to the

Software supplied to you with the Software or by the Licensor.

2. License

2.1 The Licensor grants to you a non-exclusive non-transferable

license to use this Software in accordance with the

Documentation on any number of computers. Title to the

Product is not transferred to you. Ownership of the Product

remains vested in the Licensor and its licensors, subject to the

rights granted to you under this License. All other rights are

reserved.

2.2 You 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 machine-readable form.

2.3 You 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 or web browser), 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 non-commercial use.

2.4 You 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.

2.5 You 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.

2.6 The 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

3.1 You 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 licensors and is protected

by copyright laws, national and international, and all other

applicable laws.

4. Disclaimer of Liability

4.1 In 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

5.1 This 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

6.1 No 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.

6.2 You may not distribute, loan, lease, sub-license, rent or

otherwise transfer the Product to any third party.

6.3 You 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.

6.4 This 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 v5.0 (DMN), 30 July 2007)