Yamaha Clavinova CLP-380 Installation Manual - Page 8

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ATTENTION

SOFTWARE LICENSE AGREEMENT

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 BREAKING THE SEAL OF THIS PACKAGE YOU ARE AGREEING 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 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 a single computer.

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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 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. 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 accident, abuse or misapplication. 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.

Accessory CD-ROM for Windows Installation Guide

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 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.

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 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.

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.

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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.

8. 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.

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 binding unless in writing and signed by a

fully authorized representative of Yamaha.