YVC-1000/YVC-1000MS Bluetooth® device name change software (Ver.0.92) for Windows
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SOFTWARE LICENSE AGREEMENT
THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) IS BETWEEN YOU (AS AN INDIVIDUAL OR LEGAL ENTITY) AND YAMAHA CORPORATION (“YAMAHA”) REGARDING THE LICENSED SOFTWARE.
YOU SHALL USE THE LICENSED SOFTWARE IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY PLACING THE LICENSED SOFTWARE IN A USABLE CONDITION (INCLUDING BUT NOT LIMITED TO DOWNLOADING OR INSTALLATION), YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PROMPTLY TERMINATE DOWNLOADING OR INSTALLATION AND DELETE THE LICENSED SOFTWARE’S FILES.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE LICENSED SOFTWARE.
Section 1. DEFINITIONS
As used in this Agreement, the following terms shall have the following meanings:
(1) “You,” as used in this Agreement, means the party, whether an individual or legal entity, that has properly acquired the Licensed Software.
(2) “Licensed Software” means the programs and data files that make up the Licensed Software, including version upgrade programs and data files that may be distributed to you in the future under certain conditions.
(3) “Use of the Licensed Software” means that the Licensed Software, or a part of it, has been loaded into the temporary memory or installed in the permanent memory of a computer.
(4) “Product” refers to Yamaha YVC-1000, YVC-300, YCV-200, and other YVC series.
Section 2. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Yamaha hereby grants you a non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Licensed Software on your computer.
Section 3. PROHIBITED USES
The following actions are prohibited in connection with use of the Licensed Software:
(1) To engage in reverse engineering, disassembling, decompiling, or otherwise deriving a source code form of the Licensed Software or any part thereof by any method whatsoever.
(2) To duplicate, revise, modify, the Licensed Software or any part thereof, or to create derivative works based on the content of the Licensed Software, unless expressly provided elsewhere in this Agreement.
(3) To sublicense, lend, lease, transfer, or distribute or otherwise grant use of the License Software or any part thereof to a third party.
(4) To separate a part or component from the Licensed Software and use such.
(5) To delete, alter, or make illegible copyright notices included in the Licensed Software.
(6) To use the Licensed Software and operate the Product’s prescribed functions in a manner that causes harm or injury to a third party (including Yamaha).
Section 4. COPYRIGHT AND OWNERSHIP
1. You agree that any and all rights, titles and interests in the Licensed Software, including all copyrights and other intellectual property rights therein, shall at all times remain solely and exclusively with Yamaha or Yamaha's licenser and be protected by relevant copyright laws, trade secret laws, and all applicable international treaty provisions.
2. All rights and interests not expressly granted to you hereunder are reserved by Yamaha or Yamaha's licenser, and nothing in this Agreement shall be construed as assignment or transfer to you of the rights, titles, or interests of Yamaha or Yamaha's licenser in whole or in part. The license granted hereunder is personal to you and neither it nor any of the rights or obligations under this Agreement may be assigned, sublicensed, or otherwise encumbered by you to any third party.
Section 5. YAMAHA TECHNICAL SUPPORT
Yamaha, at its own discretion, may post technical information related to the Licensed Software on its website at the URL indicated below. However, under no circumstances will Yamaha be obligated to provide you with support or advice regarding the Licensed Software.
Section 6. LIMITED WARRANTY
1. YAMAHA MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE LICENSED SOFTWARE OR OF ANY CONTENT OR INFORMATION YAMAHA HAS PROVIDED FOR ANY PURPOSE. THE LICENSED SOFTWARE IS PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
2. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE LICENSED SOFTWARE REMAINS WITH YOU. YAMAHA DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE LICENSED SOFTWARE OR ANY DOCUMENTATION ATTACHED THERETO.
3. THIS WARRANTY IS GIVEN IN LIEU OF ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, AND COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
Section 7. LIMITATION OF LIABILITY
NEITHER YAMAHA (INCLUDING ITS SUPPLIERS, DEALERS, DISTRIBUTORS, AND AGENTS) NOR ITS EMPLOYEES SHALL BE LIABLE FOR:
- ANY CLAIM, SUIT, OR DAMAGES OF ANY SORT (WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, SUCH AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA ARISING OUT OF THE USE OF THE LICENSED SOFTWARE, REGARDLESS OF WHETHER YAMAHA HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES)
Section 8. TERMINATION
1. Yamaha can terminate this Agreement at any time without any liability to you.
2. This Agreement shall terminate automatically upon occurrence of any of the following events:
(1) You fail to comply with any provision of this Agreement;
(2) Yamaha delivers notification of termination of this Agreement to you; or
(3) You destroy, erase, and uninstall the Licensed Software and all copies thereof in your possession.
In the event of (1) above, Yamaha shall not be prevented from taking legal action against you, including claims for damages.
3. In the event of termination, you must promptly destroy the Licensed Software and all copies thereof in your possession and cease the use of the Licensed Software.
4. Even in the event of termination, Sections 3 to 8 of this Agreement shall remain in effect.
Section 9. COMPENSATION
If you violate a provision specified in this Agreement, thereby either directly or indirectly causing a dispute with, and damage to, Yamaha and/or a company affiliated with Yamaha, you shall provide full compensation to Yamaha and/or the company affiliated with Yamaha for said damage, and shall not cause inconvenience to Yamaha and/or the company affiliated with Yamaha.
Section 10. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Japan without reference to conflicts of laws principles. If any provision of this Agreement is found to be illegal, invalid, or unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law and the remaining provisions of this Agreement shall remain in full force and effect.
Section 11. JURISDICTION
Any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan.
Section 12. REVISION OF THE AGREEMENT
You agree that this Agreement is the complete and exclusive statement among the parties and supersedes all other prior communications or agreements among the parties relating to the subject matter of this Agreement. Yamaha may at any time revise this Agreement, and you agree to be bound by this Agreement in the latest form by accepting any such revisions notified by Yamaha or continuing to use the Licensed Software knowing such revisions thereafter.