The terms of the software license agreement included with any software you download will control your use of the software.
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IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
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Do not use or load this software and any associated materials (collectively,
the 'Software') until you have carefully read the following terms and
conditions. By loading or using the Software, you agree to the terms of this
Agreement. If you do not wish to so agree, do not install or use the Software.
LICENSES: Please Note:
- If you are a network administrator, the 'Site License' below shall
apply to you.
- If you are an end user, the 'Single User License' shall apply to you.
- If you are an original equipment manufacturer (OEM), the 'OEM License'
shall apply to you.
SITE LICENSE. You may copy the Software onto your organization's computers
for your organization's use, and you may make a reasonable number of
back-up copies of the Software, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel
component products. Use of the Software in conjunction with non-Intel
component products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part
of the Software except as provided in this Agreement, and you agree to
prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may not sublicense or permit simultaneous use of the Software by
more than one user.
5. The Software may include portions offered on terms in addition to those
set out here, as set out in a license accompanying those portions.
SINGLE USER LICENSE. You may copy the Software onto a single computer for
your personal, noncommercial use, and you may make one back-up copy of the
Software, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel
component products. Use of the Software in conjunction with non-Intel
component products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part
of the Software except as provided in this Agreement, and you agree to
prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may not sublicense or permit simultaneous use of the Software by
more than one user.
5. The Software may include portions offered on terms in addition to those
set out here, as set out in a license accompanying those portions.
OEM LICENSE: You may reproduce and distribute the Software only as an
integral part of or incorporated in Your product or as a standalone
Software maintenance update for existing end users of Your products,
excluding any other standalone products, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel
component products. Use of the Software in conjunction with non-Intel
component products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part
of the Software except as provided in this Agreement, and you agree to
prevent unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may only distribute the Software to your customers pursuant to a
written license agreement. Such license agreement may be a 'break-the-
seal' license agreement. At a minimum such license shall safeguard
Intel's ownership rights to the Software.
5. The Software may include portions offered on terms in addition to those
set out here, as set out in a license accompanying those portions.
NO OTHER RIGHTS. No rights or licenses are granted by Intel to You, expressly
or by implication, with respect to any proprietary information or patent,
copyright, mask work, trademark, trade secret, or other intellectual property
right owned or controlled by Intel, except as expressly provided in this
Agreement.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
remains with Intel or its suppliers. The Software is copyrighted and
protected by the laws of the United States and other countries, and
international treaty provisions. You may not remove any copyright notices
from the Software. Intel may make changes to the Software, or to items
referenced therein, at any time without notice, but is not obligated to
support or update the Software. Except as otherwise expressly provided, Intel
grants no express or implied right under Intel patents, copyrights,
trademarks, or other intellectual property rights. You may transfer the
Software only if the recipient agrees to be fully bound by these terms and if
you retain no copies of the Software.
LIMITED MEDIA WARRANTY. If the Software has been delivered by Intel on
physical media, Intel warrants the media to be free from material physical
defects for a period of ninety days after delivery by Intel. If such a defect
is found, return the media to Intel for replacement or alternate delivery of
the Software as Intel may select.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS
PROVIDED 'AS IS' WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE. Intel does not warrant or assume responsibility for the
accuracy or completeness of any information, text, graphics, links or other
items contained within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR
LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time
if you violate its terms. Upon termination, you will immediately destroy the
Software or return all copies of the Software to Intel.
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the
laws of California, excluding its principles of conflict of laws and the
United Nations Convention on Contracts for the Sale of Goods. You may not
export the Software in violation of applicable export laws and regulations.
Intel is not obligated under any other agreements unless they are in writing
and signed by an authorized representative of Intel.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with 'RESTRICTED
RIGHTS.' Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its
successor. Use of the Software by the Government constitutes acknowledgment
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of Intel's proprietary rights therein. Contractor or Manufacturer is Intel
2200 Mission College Blvd., Santa Clara, CA 95052.
SOFTWARE LICENSING AGREEMENT
PLEASE READ THIS CAREFULLY BEFORE YOU OPEN THE DISK PACKAGE.
THE FOLLOWING IS THE SOFTWARE LICENSING AGREEMENT BETWEEN YOU, THE END USER, (REFERRED TO IN THIS AGREEMENT AS “YOU” OR “YOUR”) AND KORG INC. (REFERRED TO IN THIS AGREEMENT AS “KORG”) FOR YOUR USE OF THE SOFTWARE IN THIS PRODUCT AND OUR SUPPORT SERVICES TO YOU. THE ENCLOSED SOFTWARE PROGRAM IS LICENSED BY KORG TO YOU AS THE ORIGINAL PURCHASER FOR USE ONLY ON THE TERMS SET OUT HEREIN. BY USING (INSTALLING OR MAKING A BACKUP COPY OF) THE SOFTWARE, YOU ARE AGREEING TO THE TERMS SET OUT IN THIS AGREEMENT. IT IS THEREFORE IMPORTANT THAT YOU READ THIS LICENSING AGREEMENT WITH CARE BEFORE USING THE SOFTWARE.
IF YOU DO NOT AGREE TO THE TERMS SET OUT IN THIS AGREEMENT, PLEASE IMMEDIATELY RETURN THIS PRODUCT (WITHIN 14 DAYS) UNUSED TO KORG.
1. GRANT OF LICENSE AND COPYRIGHT
Korg grants you, the original purchaser, the non-exclusive right to use the program and the data file constituting this software and the upgrade program(s) as well as the data file(s) which may be distributed to you from time to time (hereinafter referred to collectively as “Licensed Program”) on associated Korg product(s) and/or a single computer under your control and used by only one person at a time.
All references to the Licensed Program shall mean the object code only of the program(s) comprising the Licensed Program.
The Licensed Program and any manuals or other written documentation supplied with the Licensed Program belongs to you. The ownership of the rights to and the copyright of the Licensed Program itself (whether supplied via a storage device, diskette, download from the Internet or otherwise) and the copyright of the contents of any manual or other written document belong to Korg.
Korg reserves the right to make modifications to the Licensed Program and to the support services set out in clause 7 of this agreement (referred to in this agreement as “the Services”) without prior notification to you.
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2. RESTRICTIONS
The Licensed Program contains copyrighted information. For the purpose of protecting such copyrights, you may not decompile, disassemble, reverse engineer, or otherwise reduce the Licensed Program to a human-perceivable form (save as may be permitted by law).
You may not duplicate, alter, modify, rent, lease, resell, assign, loan, sub-license, distribute the whole or part of the Licensed Program, or make derivative works based on what is contained in the Licensed Program. (However, it is not included in this restriction that you create derivative works based on the data file(s).)
You may not transfer the Licensed Program to another computer through a network.
You may make only one backup copy of the Licensed Program, which you are only allowed to use for the purpose of restoring the Licensed Program.
3. TERMINATION
This agreement takes effect on the date you have received the Licensed Program. The license granted in this agreement will terminate automatically without notice from Korg in the event that you breach any provision of this agreement or in any way infringe Korg’s copyright in the Licensed Program.
In such event you must destroy the Licensed Program and its backup copy immediately.
4. PRODUCT WARRANTY
Korg warrants that the Licensed Program when properly used will provide the facilities and functions as described in the accompanying documentation but does not warrant that the operation of the Licensed Program will be uninterrupted or error-free.
This warranty shall however only apply to the latest version of the Licensed Program (provided that Korg has reasonably made such version available to you) and shall not apply to any previous version or versions of the Licensed Program.
Korg’s obligation and your exclusive remedy under the warranty mentioned above, is limited either:
(a) to Korg at its own expense using all reasonable endeavours to rectify any non-conformance with the warranty by repair (by way of a patch, work around, correction or otherwise) within a reasonable period of time or,
(b) to a refund of the license fee paid (if any) if in Korg’s reasonable opinion it is unable to rectify such non-conformance within a reasonable timescale or at an economic cost, whereupon this agreement and the license created by this agreement shall terminate.
In the event that there is any physical defect in the disk (storage device, etc.) on which the Licensed Program is supplied, Korg will exchange the defective disk with a non-defective disk of the same model at no charge, provided that you have notified Korg of the existence of such defect within 28 days from the date you have received the disk, and provided that Korg shall never be held liable to replace the disk or data in the event that the defect is attributed to accident, abuse, misuse or other such causes outside of Korg’s control.
The warranties provided in this clause 4 is limited to the product purchased from an authorized retailer, distributor or download from the Korg website.
5. LIMITATIONS ON LIABILITY
You agrees that the express obligations and warranties made by Korg in this Agreement are (so far as is permitted by law) in lieu of and to the exclusion of any other warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise, relating to anything supplied or services provided under or in connection with this Agreement including (without limitation) any warranty as to the condition, quality, performance, merchantability or fitness for purpose of the Licensed Program and the Services or any part of them.
Korg, in no event, will be liable for the direct, derivative, collateral or consequential damage caused by the use of or the inability of using the Licensed Program (including but not limited to damage of data, lost commercial profit, interruption of work, lost commercial information), regardless of the degree of damages, and even if Korg was aware of the possibility of such damages or the possibility of a claim for damage from a third party in advance.
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In the event that Korg offers an updated or upgraded version of the Licensed Program to you at any time, Korg’s obligation (and that of its distributors and dealers) to support previous versions of the Licensed Program shall cease 28 days following such updated or upgraded version being made available to you.
Nothing in this agreement shall affect the statutory rights of any person dealing with Korg as a consumer.
6. THIRD PARTY SOFTWARE
Korg may on occasions supply software programs, data files and/or documentation belonging to a third party or parties (hereinafter collectively referred to as “Third Party Software”).
If supplied in conjunction with any Korg instrument or equipment, such Third Party Software shall only relate to the non-essential functions of such instrument or equipment.
If Third Party Software has been supplied (whether in conjunction with any Korg instrument or equipment, or as a stand-alone product) a notice to that effect will be contained with or on the disk supplied and in such circumstances Korg shall be deemed to be acting as the agent only of the supplier of such Third Party Software.
In the event that Third Party Software is supplied, you agree to be bound by and to observe any terms and conditions relating to the use of such Third Party Software.
Korg shall not be obliged to provide support services for any Third Party Software supplied (whether relating to operating methods, defects, or otherwise).
Korg provides no warranty in relation to any Third Party Software supplied and all warranties whether express or implied as to the condition, quality, performance, merchantability or fitness for purpose of the Third Party Software or any part of the same are (in so far as may be permitted by law) hereby excluded.
Korg furthermore disclaims all responsibilities for direct, derivative, collateral or consequential damages caused by the use of or the inability of using the Third Party Software (including but not limited to damage of data, lost commercial profit, interruption of work, lost commercial information), regardless of the degree of damages, and even if Korg was aware of the possibility of such damages in advance.
7. SUPPORT SERVICES
Support services such as technical support or upgrade support for this product are provided according to the support service policies of Korg’s distributors applicable in each country.
Korg reserves the right to amend any such policies from time to time in its absolute discretion.
When the Licensed Program or associated Korg product(s) is discontinued, the support services will be terminated after 12 months from such discontinuation. The support referred to in this clause 7 is limited to the products purchased from an authorized retailer, distributor or download from the Korg website.
In the event that Korg offers an updated or upgraded version of the Licensed Program to you at any time, Korg’s obligation (and that of its distributors and dealers) to support previous versions of the Licensed Program shall cease 28 days following such updated or upgraded version being made available to you.
8. GENERAL
The license created by this agreement is personal to you and you may not assign or otherwise transfer your rights or obligations under this agreement without the prior written consent of Korg.
If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of this Agreement which will continue to be valid and enforceable to the fullest extent permitted by law.
This agreement is governed by and construed under the local law of the country where this product has been purchased.
You hereby agree to the exclusive jurisdiction and venue of the aforementioned territory, without regards to conflicts of law provisions.
Headings have been included for convenience only and shall not be used in construing any provision in this Agreement.