Yamaha KX61 Owner's Manual - Page 40

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1. Features

Cubase AI4 LICENSE AGREEMENT

6. 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 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,

Cubase AI4 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.

THIS AGREEMENT PROVIDES YOUR USE-CONDITIONS ABOUT THE "DAW" SOFTWARE OF STEINBERG MEDIA

TECHNOLOGIES GMBH("STEINBERG") WHICH IS BUNDLED WITH THIS PRODUCT. SINCE THE END-USER SOFTWARE

LICENSE AGREEMENT (EUSLA) SHOWN ON YOUR PC-DISPLAY IN YOUR INSTALLING THE "DAW" SOFTWARE IS

REPLACED BY THIS AGREEMENT, YOU SHOULD DISREGARD THE EUSLA. THAT IS, IN THE INSTALLING PROCESS, YOU

SHOULD SELECT "AGREE" WITH THE EUSLA, WITHOUT YOUR JUDGMENT THERETO, SO AS TO PROCEED TO THE

NEXT PAGE.

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 STEINBERG, and

is protected by relevant copyright laws and all applicable

treaty provisions. Yamaha has acquired the sublicense

right to license you to use the SOFTWARE. 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 proprietary legends that were on the

original copy of 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 competent jurisdiction finds any portion of this

Agreement 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 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.

ATTENTION

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 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.

Owner's Manual

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.