The terms of the software license agreement included with any software you download will control your use of the software.
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INTEL SOFTWARE LICENSE AGREEMENTIMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or load this software and any associated materials (collectively,
the 'Software') until you have carefully read the following terms and
conditions. By loading or using the Software, you agree to the terms of this
Agreement. If you do not wish to so agree, do not install or use the Software.
LICENSES: Please Note:
- If you are a network administrator, the 'Site License' below shall
apply to you.
- If you are an end user, the 'Single User License' shall apply to you.
- If you are an original equipment manufacturer (OEM), the 'OEM License'
shall apply to you.
SITE LICENSE. You may copy the Software onto your organization's computers
for your organization's use, and you may make a reasonable number of
back-up copies of the Software, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel
component products. Use of the Software in conjunction with non-Intel
component products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part
of the Software except as provided in this Agreement, and you agree to
prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may not sublicense or permit simultaneous use of the Software by
more than one user.
5. The Software may include portions offered on terms in addition to those
set out here, as set out in a license accompanying those portions.
SINGLE USER LICENSE. You may copy the Software onto a single computer for
your personal, noncommercial use, and you may make one back-up copy of the
Software, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel
component products. Use of the Software in conjunction with non-Intel
component products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part
of the Software except as provided in this Agreement, and you agree to
prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may not sublicense or permit simultaneous use of the Software by
more than one user.
5. The Software may include portions offered on terms in addition to those
set out here, as set out in a license accompanying those portions.
OEM LICENSE: You may reproduce and distribute the Software only as an
integral part of or incorporated in Your product or as a standalone
Software maintenance update for existing end users of Your products,
excluding any other standalone products, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel
component products. Use of the Software in conjunction with non-Intel
component products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part
of the Software except as provided in this Agreement, and you agree to
prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may only distribute the Software to your customers pursuant to a
written license agreement. Such license agreement may be a 'break-the-
seal' license agreement. At a minimum such license shall safeguard
Intel's ownership rights to the Software.
5. The Software may include portions offered on terms in addition to those
set out here, as set out in a license accompanying those portions.
NO OTHER RIGHTS. No rights or licenses are granted by Intel to You, expressly
or by implication, with respect to any proprietary information or patent,
copyright, mask work, trademark, trade secret, or other intellectual property
right owned or controlled by Intel, except as expressly provided in this
Agreement.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
remains with Intel or its suppliers. The Software is copyrighted and
protected by the laws of the United States and other countries, and
international treaty provisions. You may not remove any copyright notices
from the Software. Intel may make changes to the Software, or to items
Andrea sound cards & media devices driver download for windows. referenced therein, at any time without notice, but is not obligated to
support or update the Software. Except as otherwise expressly provided, Intel
grants no express or implied right under Intel patents, copyrights,
trademarks, or other intellectual property rights. You may transfer the
Software only if the recipient agrees to be fully bound by these terms and if
you retain no copies of the Software.
LIMITED MEDIA WARRANTY. If the Software has been delivered by Intel on
physical media, Intel warrants the media to be free from material physical
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defects for a period of ninety days after delivery by Intel. If such a defect
is found, return the media to Intel for replacement or alternate delivery of
the Software as Intel may select.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS
PROVIDED 'AS IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the
accuracy or completeness of any information, text, graphics, links or other
items contained within the Software.
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LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR
LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time
if you violate its terms. Upon termination, you will immediately destroy the
Software or return all copies of the Software to Intel.
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the
laws of California, excluding its principles of conflict of laws and the
United Nations Convention on Contracts for the Sale of Goods. You may not
export the Software in violation of applicable export laws and regulations.
Intel is not obligated under any other agreements unless they are in writing
and signed by an authorized representative of Intel.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with 'RESTRICTED
RIGHTS.' Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its
successor. Use of the Software by the Government constitutes acknowledgment
of Intel's proprietary rights therein. Contractor or Manufacturer is Intel
2200 Mission College Blvd., Santa Clara, CA 95052.
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 DOWNLOADING OR INSTALLING THIS SOFTWARE OR OTHERWISE RENDERING IT AVAILABLE FOR YOUR USE, 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.
GRANT OF LICENSE AND COPYRIGHT
Yamaha hereby grants you the right to use the programs and data files composing the software accompanying this Agreement, and any programs and files for upgrading such software that may be distributed to you in the future with terms and conditions attached (collectively, “SOFTWARE”), only on a computer, musical instrument or equipment item that you yourself own or manage. While ownership of the storage media in which the SOFTWARE is stored rests with you, the SOFTWARE itself is owned by Yamaha and/or Yamaha’s licensor(s), and is protected by relevant copyright laws and all applicable treaty provisions.
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.
TERMINATION
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.
DOWNLOADED SOFTWARE
If you believe that the downloading process was faulty, you may contact Yamaha, and Yamaha shall permit you to re-download the SOFTWARE, provided that you first destroy any copies or partial copies of the SOFTWARE that you obtained through your previous download attempt. This permission to re-download shall not limit in any manner the disclaimer of warranty set forth in Section 5 below.
DISCLAIMER OF WARRANTY ON SOFTWARE
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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.
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.
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.
U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE:
The Software is a 'commercial item,' as that term is defined at 48 C.F.R. 2.101 (Oct 1995), consisting of 'commercial computer software' and 'commercial computer software documentation,' as such terms are used in 48 C.F.R. 12.212 (Sept 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.72024 (June 1995), all U.S. Government End Users shall acquire the Software with only those rights set forth herein
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.
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.