DTXTREME III/DTX900/DTX900M Firmware Update Program v1.04

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

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.