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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 CONTAIN’S 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.

  1. 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 Staccato’s 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.
  2. 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.
  3. Staccato’s 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.
  4. 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.
  5. 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.
  6. 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.
  7. No Warranty. THE SOFTWARE IS LICENSED "AS IS" AND STACCATO, TO THE MAXIMUM EXTENT PERMITTED BY APPLICALBE LAW,
  8. 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.

  9. 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 STACCATO’S 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.
  10. U.S. Government—Restricted 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.
  11. 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 Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s 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.
  12.  
  13. 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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