Yamaha Audiogram 3 - Manual (Page 26)

131 AUDIOGRAM 3 Owner’s Manual
• 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 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 deriv-
ing 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 SOFT-
WARE.
• You may not electronically transmit the SOFT-
WARE from one computer to another or share
the SOFTWARE in a network with other comput-
ers.
• 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 restric-
tions 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 distrib-
uted, 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 SOFT-
WARE, 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 rem-
edy 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 misappli-
cation. 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.
5. DISCLAIMER OF WARRANTY ON
SOFTWARE
You expressly acknowledge and agree that use of
the SOFTWARE is at your sole risk. The SOFT-
WARE and related documentation are provided
“AS IS” and without warranty of any kind. NOT-
WITHSTANDING ANY OTHER PROVISION OF
THIS AGREEMENT, YAMAHA EXPRESSLY DIS-
CLAIMS ALL WARRANTIES AS TO THE SOFT-
WARE, EXPRESS, AND IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICU-
LAR PURPOSE AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS. SPECIFICALLY, BUT WITH-
OUT LIMITING THE FOREGOING, YAMAHA DOES
NOT WARRANT THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS, THAT THE OPERA-
TION OF THE SOFTWARE WILL BE UNINTER-
RUPTED 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, INCLUD-
ING, WITHOUT LIMITATION, ANY DIRECT, INDI-
RECT, 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 AUTHO-
RIZED DEALER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event
shall Yamaha’s total liability to you for all dam-
ages, losses and causes of action (whether in
contract, tort or otherwise) exceed the amount
paid for 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 compe-
tent jurisdiction finds any portion of this Agree-
ment 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 mate-
rials and supersedes all prior or contemporane-
ous understandings or agreements, written or
oral, regarding the subject matter of this Agree-
ment. No amendment or revision of this Agree-
ment will be binding unless in writing and signed
by a fully authorized representative of Yamaha.