Agreement Regarding Terms and Conditions of Use for the SMAF Website and Downloaded Software

Terms and Conditions of Use for Website

The SMAF website is a website operated by Yamaha Corporation (hereafter referred to as "Yamaha"). Yamaha has established the following terms and conditions of use (hereafter referred to as "these terms and conditions") for the SMAF website

The SMAF website is operated on the basis of these terms and conditions, and Yamaha offers SMAF website services to persons who wish to use these services and who have agreed to these terms and conditions (hereafter referred to as "users"). By using such services, users are deemed to have accepted the contents of these terms and conditions.

1. Application and Alteration of these Provisions
   (1) Except where stipulated separately in these individual provisions, terms defined in the general rules of these terms and conditions for use of the SMAF website are used with the same meaning, both in the general rules and in the individual provisions listed herein.
   (2) These provisions apply to users of this service.
   (3) Yamaha may alter these provisions without advance consent from users, in which case Yamaha will notify users of the revised provisions after alteration, by any method which Yamaha deems appropriate. Users shall understand and agree to abide by these provisions when using this service.
   
   
2. Rights
   Within the content available through this service, data such as the information, music and application software provided, is downloaded on a self-declaration basis in accordance with the users' own judgment and at their own responsibility. The SMAF website makes no guarantees whatsoever in respect of such material. Copyright and related rights are reserved by Yamaha, and Yamaha allows that SMAF website users may use, free of charge, the information and data which they download.
   
   
3. Scope of Consent
   Consent for users of the SMAF website to use information and data free of charge includes, but is not limited to, the following uses of content registered by registered users: display, editing, reproduction, translation/adaptation, transmission, insertion or exposure in media, reproduction on CD-ROM or other similar method, and exposure in an exhibition, demonstration or other form of sales promotion activity. In the case where SMAF website sells such content as a product, part of a product, or part of a service for which a fee is charged, a separate contract shall be concluded with the registered user.
   
   
4. Indemnification against Loss
   If, through a user's use of this service or a related cause, SMAF website is the subject of any claim based on violation of a third party's rights, or is suspected of breaking the law or offending public order and morals, the user shall, at his or her own cost and on his or her own responsibility, indemnify the SMAF website for any loss incurred.
   
   
5. Cessation of Usage Rights
   If the SMAF website determines that a registered user has violated these terms and conditions, or if a registered user is suspected of doing so, that user shall lose his or her usage rights.

Supplementary Provision
These provisions are effective from December 16, 2002.

License Agreement for Yamaha SMAF Files and Libraries

1. IMPORTANT - READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR COPYING TO YOUR COMPUTER ANY OF THE FILES ON THE WEBSITE. This license agreement (hereafter referred to as "the agreement") is a legal agreement between you (either an end user or a subcontractor) and Yamaha Corporation (hereafter referred to as "Yamaha") which relates to SMAF converters, authoring tools, voice libraries, phrase libraries and sound samples (hereafter referred to as "software"). You shall agree to be bound by the terms of the agreement as it relates to the software. If you do not agree to the terms of the agreement, you may not use the software.
   
   
2. GRANT OF LICENSE.
   Yamaha grants you a non-exclusive, non-transferable, royalty-free license to use the software. However, if there is some unavoidable reason due to a clerical procedure or the like, or some unavoidable reason due to the way in which the software is used, or if you are involved in publishing or evaluating the software, as long as you notify Yamaha beforehand, you may use the software freely for a specific period of time.
   
   
3. COPYRIGHT OF SOFTWARE;
   3-1. Yamaha owns any and all title and copyrights to the software. The software is protected by copyright laws and international treaty provisions, as well as by other intellectual property laws and treaties. The software is licensed, not sold.
   3-2. Therefore, you must treat the software like any other copyrighted material. You may not copy the software or any of the accompanying materials, and may not rent, lease, lend or sublicense the software to any unlicensed party under any circumstances whatsoever.
   3-3. You may not modify, reverse engineer, decompile or disassemble the software except to the extent that such activity is expressly permitted by applicable law.
   
   
4. INDEMNIFICATION
   Yamaha shall have no liability for, and you shall defend, indemnify and hold each Yamaha-owner exempt from, any claim, loss, demand, liability, obligation or expense (including reasonable attorneys' fees) based upon or arising out of any loss, costs, damage, or claim, including but not limited to, any personal or property damage arising out of, pertaining to, or resulting in any way from, the use or possession of any of the software by you and/or any of your directors, officers, employees, representatives, agents, developers or contractors.
   
   
5. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
   5.1 THE SOFTWARE IS PROVIDED "AS IS". Yamaha AND THE USER DO NOT PROVIDE ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATING TO THE PRODUCTS OR THIS AGREEMENT, OR ARISING FROM ANY COURSE OF DEALING, TRADE USAGE OR TRADE PRACTICE. ANY AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
   5.2 IN NO EVENT WILL Yamaha BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF Yamaha HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY CLAIM BY ANY OTHER PARTY.
   
   
6. TERMINATION;.
   This agreement shall be effective as long as you are a rightful and reasonable end user or subcontractor for the licensee. Without prejudice to any other rights, Yamaha may terminate this license agreement if you fail to comply with the terms and conditions laid out herein. In that case, you must destroy all copies of the software and all of its component parts shortly after the termination or expiration of this agreement.
   
   
7. EXPORT
   You may not load or export or re-export any of the software or any related information or technology, except in full compliance with the applicable laws and regulations of Japan, the United States or any other country.
   
   
8. GOVERNING LAWS;
   The validity, construction and performance of the agreement shall be governed by the laws of Japan.
   
   
9. NO SUPPORT
   Individual support service for the software cannot be provided.
   
   

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