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SOFTWARE LICENSE AGREEMENT
MOTIF-RACK XS Owner’s Manual
113
Basic Structure
Voice
MultiUtility
Reference
The Controls &
Connectors
Setting Up
Listening to
the Sound
Connections
Using a Computer
Quick Guide
Appendix
ATTENTION
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 Amah’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 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. Amah’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.
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 Amah’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.
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.
SOFTWARE LICENSE AGREEMENT