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AW1600 Owner’s Manual
228
ATTENTION
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
(“AGREEMENT”) CAREFULLY BEFORE USING THIS SOFT-
WARE. 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 CORPORA-
TION (“YAMAHA”).
BY BREAKING THE SEAL OF THIS PACKAGE YOU ARE AGREE-
ING 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 pro-
gram(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 propri-
etary 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, decompi-
lation 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 with-
out 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 ter-
minate 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 acci-
dent, abuse or misapplication. TO THE FULLEST EXTENT PERMIT-
TED 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 pro-
vided “AS IS” and without warranty of any kind. NOTWITHSTAND-
ING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA
EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFT-
WARE, EXPRESS, AND IMPLIED, INCLUDING BUT NOT LIM-
ITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGE-
MENT OF THIRD PARTY RIGHTS. SPECIFICALLY, BUT WITH-
OUT 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 CON-
SEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST
DATA OR OTHER DAMAGES ARISING OUT OF THE USE, MIS-
USE 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.
•Yamaha provides no express warranties as to the THIRD PARTY
SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DIS-
CLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PUR-
POSE, 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 con-
sequential damages, expenses, lost profits, lost data or other dam-
ages 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 Japa-
nese 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 bind-
ing unless in writing and signed by a fully authorized representative of
Yamaha.