Specifications

PM1D System Software Update Guide
7
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 DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE
USING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY
THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE WITH
THE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, OR
OTHERWISE USE THIS SOFTWARE. IF YOU HAVE DOWNLOADED
OR INSTALLED THE SOFTWARE AND DO NOT AGREE TO THE
TERMS, PROMPTLY DELETE THE 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.
• 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.
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 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.
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. 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.
5. 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.
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, 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.
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.