8 EnglishBY USING THE "SOFTWARE", YOU ARE DEEMED TO AGREE TO BE BOUND BY TH E TERMS AND CONDITIONS OF THIS AGREEMENT.This License Agreement (the "AGREEMENT") is a legal agreement between you and Yamaha Corporation ("YAMAHA") under which YAMAHA is providing the firmware of YAMAHA's ProjectPhone (the "PRODUCT") and related soft ware program, documentation and electronic files (collectively, the "SOFTWARE"). This AGREEMENT applies to the SOFTWARE which YAMAHA provides you and the installed copy thereof, subject to the provision of 1-1 herein, into the PRODUCT or personal computer owned by you.1. GRANT OF LICENSE:1-1. YAMAHA grants you a personal non-exclusive license to in stall the SOFTWARE and use the SOFTWARE on the PRODUCT or other devices, including but not limited to the personal computer, which you own.1-2. You shall not assign, sublicense, sell, re nt, lease, loan, convey or otherwise tran sfer to any third party, upload to a web site or a server computer to which specified or unspecified persons may access, or copy, duplicate, translate or convert to another progr am-ming language the SOFTWARE except as expre ssly provided herein. You shall not alter, modify, disassemble, decompile or other-wise reverse engineer the SOFTWARE and you al so shall not have any third party to do so. 1-3. You shall not modify, remove or delete a copyright notice of YAMAHA contained in the SOFTWARE.1-4. Except as expressly provided herein, no license or right, expr ess or implied, is hereby conveyed or granted by YAMAHA to yo u for any intellectual property of YAMAHA.2. OWNERSHIP AND COPYRIGHT:The SOFTWARE is protected under the copyright laws and owned by YAMAHA. You agree and acknowledge that YAMAHA transfers neither ownership interest nor intellectual property in the SOFTWARE to you under this AGREEMENT or otherwise.3. EXPORT RESTRICTIONS:You agree to comply with all applicable export control laws and regulations of the country involved, and not to export or re-ex port, directly or indirectly, the SOFTWARE in violation of any such laws and regulations.4. SUPPORT AND UPDATE:YAMAHA, YAMAHA's subsidiaries and affiliates, their distributors and dealers are not responsible for maintaining or helping you to use the SOFTWARE. No updates, bug-fixes or support will be made available to you for the SOFTWARE.5. DISCLAIMER OF WARRANTY:5-1. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARR ANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 5-2. IN NO EVENT SHALL YAMAHA, YAMAHA'S SUBSIDIA RIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEAL-ERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS INTERRUPTION OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE SOFTWA RE, USE THEREOF, OR INABILITY TO USE THEREOF EVEN IF YAMAHA, YAMAHA'S SUBSIDIARIES AND AFFILI ATES, THEIR DISTRIBUTORS OR DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLU-SION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLU-SION MAY NOT APPLY TO YOU.5-3. YAMAHA, YAMAHA'S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND DEALERS SHALL HAVE NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.6. TERM:6-1. This AGREEMENT becomes effective upon your agreeing the terms and conditions herein and conti nues in effect unless or until terminated in accordance with the provision of 6-2 or 6-3 herein. 6-2. You may terminate this AGREEMENT by deleting the SOFTWARE installed into the PRODUCT. 6-3. This AGREEMENT will also terminate if you fail to comply with any of the terms and conditions of this AGREEMENT. 6-4. In case this AGREEMENT is terminated in accordance w ith the provision 6-3, you shall promptly delete the SOFTWARE. 6-5. Notwithstanding anything contains herein, Sections 2 though 6 shall survive any termination or expiration hereof. CONFIRMATION SOFTWARE LICENSE AGREEMENTSOFTWARE LICENSE AGREEMENTPJP-20UR_qsg.book Page 8 Monday, October 19, 2009 10:54 AM
