SynthCore(tm) 1.2 License Agreement
By using this software, you agree to the
following license.
STACCATO END USER LICENSE AGREEMENT
IMPORTANT!
READ THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT CAREFULLY BEFORE USING THE INFORMATION OR COMPUTER
SOFTWARE CONTAINED IN THIS PROGRAM. THIS PROGRAM CONTAINS
STACCATO SYSTEMS, INC. ("STACCATO") SOFTWARE ENTITLED SYNTHCORE(tm)
1.2, WHICH MAY INCLUDE USER DOCEMENTATION PROVIDED IN
"ONLINE" OR ELECTRONIC FORM (THE "Software").
THE Software IS COPYRIGHTED AND IS BEING LICENSED (NOT SOLD) TO
YOU. BY CLICKING THE BUTTON MARKED "YES" BELOW, YOU ARE
AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.
- License Grant. Staccato hereby grants to
you, and you accept, a nonexclusive, nontransferable
license to use the Software in machine-readable, object
code form only, and the accompanying user documentation,
for the sole purpose of internally developing an
application that incorporates the Software. This
Agreement does NOT give you the right to sell, license,
give-away and/or distribute the resulting application
developed by you using the Software or parts of it in any
way, on any medium, including the Internet, to any other
person without first securing Staccatos prior
written approval and without first signing a second
license and distribution agreement with Staccato. This
Agreement permits you to use one copy of the specified
version of the Software, for internal purposes only, and
on only one computer and only by one user, at a time. If
you have purchased multiple licenses for the Software,
then at any time you may have as many copies of the
Software in use as you have licenses. The Software is
"in use" on a computer when it is loaded into
the temporary memory (i.e. RAM) or installed into the
permanent memory (e.g., hard disk, CD-ROM or other
storage device) of that computer.
- Prohibited Acts. Except as authorized in
the preceding paragraph, no copies of the Software or any
portions thereof may be made by you or any person under
your authority or control. You agree that will not
assign, sublicense, transfer, pledge, sell, lease, rent,
lend, or otherwise dispose of the Software, or any part
thereof, or share your rights under this Agreement. You
agree that you will not disassemble, decompile, reverse
engineer convert to another programming language, or
otherwise translate the Software (except to the extent
applicable law expressly prohibits the foregoing
restriction). You will not rent, lease, or lend the
Software, or any component of it, in violation of 17
U.S.C. ss109(b)(1). You agree that you will not alter,
publish, copy, cut, modify or transform the Software, or
any component of it, in any form to any storage medium,
known or unknown, for any purpose whatsoever. You will be
held legally responsible for any trademark, copyright or
patent infringement that is caused or encouraged by your
failure to abide by the terms of this Agreement.
- Staccatos Rights. You acknowledge and
agree that the Software is a proprietary product of
Staccato, protected under the copyright and/or patent
laws. You further acknowledge and agree that all right,
title, and interest in and to the Software, including
associated intellectual property rights, are and shall
remain with Staccato. This Agreement does not convey to
you an interest in or to the Software, but only a limited
right of use revocable in accordance with the terms of
this Agreement. Staccato specifically reserves all rights
not expressly granted in this Agreement.
- Term. This Agreement is effective upon your
downloading the Software on your computer, and shall
continue until terminated. You may terminate this
Agreement at any time. Staccato may terminate this
Agreement upon the breach by you of any term hereof. Upon
such termination by Staccato, you agree to return to
Staccato the Software and all copies and portions
thereof.
- Copyright Notice. This Software contains
one or more programs and/or data/parameters protected
under international and U.S. copyright laws as
unpublished works. They are confidential and proprietary
to Staccato, the Board of Trustees of the Leland Stanford
Junior University, and/or Yamaha Corporation
("Owners"). The reproduction or disclosure of
the Software, in whole or in part, or the production of
derivative works therefrom without the express written
consent of Staccato is prohibited.
- Patent Notice. The Software is licensed in
part under patents of Stanford University and Yamaha
Corporation as listed on the following Web Site: www.sondius-xg.com.
- No Warranty. THE SOFTWARE IS LICENSED
"AS IS" AND STACCATO, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICALBE LAW,
DISCLAIMS ANY AND ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITHESS FOR A
PARTICULAR PURPOSE. YOU ASSUME ALL RESPONSIBILITIES FOR
SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED
RESULTS AND FOR THE INSTALLATION OF, USE OF, AND RESULTS
OBTAINED FROM THE SOFTWARE.
- Limitation of Liability. NO LIABILITY FOR
CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY
DAMAGE RESULTING FORM THE INFORMATION CONTAINED IN OR
COMPILED BY THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE, IN NO EVENT WITLL STCCATO OR ITS SUPPLIERS
OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER
"INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OR INABILITYTO USE THE SOFTWARE, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL STACCATOS TOTAL LIABILITY TO YOU FOR
ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED
THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSIOLN OR LIMITATION
OFLIABILITYFOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
- U.S. GovernmentRestricted Rights. The
Software and accompanying documentation are deemed to be
"commercial computer Software" and
"commercial computer Software documentation,"
respectively, pursuant to DFAR Section 227.7202 and FAR
Section 12.212, as applicable. Any use, modification,
reproduction, release, performance, display or disclosure
of the Software and accompanying documentation by the
U.S. Government will be governed solely by the terms of
this Agreement and will be prohibited except to the
extent expressly permitted by the terms of this
Agreement.
- Export Restrictions. You may not download,
export, or re-export the Software (a) into, or to a
national or resident of, any country to which the United
States has embargoed goods, or (b) to anyone on the
United States Treasury Departments list of
Specially Designated Nationals or the U.S. Commerce
Departments Table of Deny Orders. By downloading or
using the Software, you are representing and warranting
you are not located in, under the control of, or a
national or resident of any such country or on any such
list.
-
- General. The laws of the United States and
the State of California, without reference to conflict of
laws principles govern this Agreement. Any dispute
between you and Staccato regarding this Agreement will be
subject to the exclusive venue of the state and federal
courts in the State of California. This Agreement is the
entire agreement between you and Staccato and supersedes
any other communications or advertising with respect to
the Software and documentation. This Agreement may only
be amended by a writing signed by the party to be charged
or its successor(s) in interest. If any provision of this
Agreement is held invalid, the remainder of this
Agreement will continue in full force and effect.
Should you have any questions concerning this
Agreement, or if you desire to contact Staccato for any reason,
please contact: staccato@staccatosys.com.
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