Digital Music Notebook Terms and Conditions

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In order to preview, download or purchase items, please download and install the FREE Digital Music Notebook player, then return to the site and select the item you wish to preview or purchase. If you've already installed an earlier version of the player, please upgrade for improved service. If you continue to see this page after installing the latest version of Digital Music Notebook, please visit the FAQ.

IMPORTANT NOTES ON DOWNLOADING AND INSTALLING THE PLAYER

1. Digital Music Notebook is not available for use on Macintosh computers.
2. After downloading the player, the installation software may ask you to allow browser settings updates that ensure the site works properly on your computer. Please allow these updates.

System Requirements

Digital Music Notebook is not available for use on Macintosh computers.

Software
- Microsoft Windows Vista/XP/7 (Service Pack 1a or later) or Microsoft Windows 2000 (Service Pack 4 and higher). Digital Music Notebook is not available for use on Mac OS
- Microsoft DirectX 9.0 or higher
- Macromedia Flash Player (applies to use of some tutorial content, and the new template selection system. This should be installed in your Microsoft IE6 or IE7 Browser as well as Firefox (if you use Firefox)
- Microsoft Internet Explorer version 7.0 or higher with ActiveX enabled or Mozilla Firefox version 2.0 or higher. Firefox users will still need to have IE7 or higher installed on the computer for Digital Music Notebook to function with the new content templates. (Note that the new performance features will not function correctly with the when you have IE6 installed. Please upgrade to IE7 to access the full feature set of Digital Music Notebook)
Hardware
- PC with x86 CPU (Intel, AMD) running at 1GHz or higher processor clock speed
- 256 MB of RAM or higher (1GB recommended)
- A minimum of 150MB hard drive space
- Monitor, with a display resolution of at least 1024 x 768
- Keyboard and Mouse
- 16 bit (or higher) sound card
- Speakers or headphones
- Internet connection
- To utilize some of the features such as keyboard tutorials, an optional MIDI interface and MIDI compatible keyboard is recommended

Terms and Conditions

ATTENTION
You are only permitted to use this software program pursuant to the terms and conditions of the attached Software License Agreement ("Agreement").  It is an agreement between you (as individual or a legal entity) and Yamaha Corporation ("Yamaha"). The Yamaha software program(s) downloadable hereunder is/are licensed by Yamaha and Yamaha's licensor(s) to you for use only that is compliant with the Agreement. Please read this Agreement carefully. Downloading, installing, copying, or otherwise using this software program(s) signifies your agreement to all the terms and conditions set forth therein. If you do not agree with the terms, do not download, install, copy, or otherwise use this software program(s).

SOFTWARE LICENSE AGREEMENT

1. GRANT OF LICENSE AND COPYRIGHT
Yamaha hereby grants you the right to use one copy of the Yamaha software program(s) and data ("SOFTWARE"), that may be delivered under this SOFTWARE LICENSE AGREEMENT ("Agreement"), on a single-user per CPU basis. You may not use it on more than one CPU. The SOFTWARE is owned by Yamaha and/or Yamaha's licensor(s), and is protected by relevant copyright laws and all applicable treaty provisions. While you are entitled to claim ownership of data created with the use of SOFTWARE, the SOFTWARE will continue to be protected under relevant copyrights. Specifically, the SOFTWARE includes the Scorch technology, a digital music notation viewer tool, the copyright and intellectual property of which belong to Sibelius Software Limited or Sibelius USA Inc in the USA, UK and other countries.

2. RESTRICTIONS
The SOFTWARE is copyrighted. You may not engage in reverse engineering or reproduction of the SOFTWARE by any method whatsoever. You may not reproduce, modify, change, rent, lease, resell, or distribute the SOFTWARE in whole or in part, or create derivative works of the SOFTWARE. You may not transmit or share in a network the SOFTWARE with other computers. You may transfer ownership of the SOFTWARE, provided that you retain no copies and the recipient agrees to the terms and conditions of this Agreement.

Copyrighted songs obtained by means of the SOFTWARE are subject to the following restrictions which you must observe. Data received by means of the SOFTWARE may not be used for any commercial purposes. Data received by means of the SOFTWARE may not be duplicated, transferred, or distributed, or played back or performed for listeners in public without permission of the copyrighted owner. The encryption of data received by means of the SOFTWARE may not be removed nor may the electronic watermark be modified without permission of the copyright owner. The SOFTWARE may not be used to distribute illegal data or data that violates public policy, nor may you initiate services based on the use of the SOFTWARE without permission by Yamaha Corporation.

3. TERMINATION
The licensing of the SOFTWARE becomes effective on the day that you receive the SOFTWARE. If any one of the copyright laws or provisions of the Agreement is violated, this Agreement shall terminate automatically without notice by Yamaha. In such a case, you must destroy the licensed SOFTWARE and its copies immediately.

4. PRODUCT WARRANTY
YAMAHA PROVIDES NO WARRANTY FOR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PATICULAR PURPOSE.  YOU WILL BE PERMITED, HOWEVER, TO RE-DOWNLOAD THE SOFTWARE IF IT DOES NOT PERFORM UNDER NOMAL CONDITIONS THE FUNCTIONS DESCRIBED BY YAMAHA.  OTHERWISE THE SOFTWARE IS PROVIDED "AS IS, WHERE IS."

5. LIMITED LIABILITY
YAMAHA'S ENTIRE OBLIGATIONS HEREUNDER SHALL BE TO PERMIT USE OF THE SOFTWARE UNDER THE TERMS HEREOF.  IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF YAMAHA OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM BY ANY OTHER PARTY.

6. GENERAL
This Agreement shall be interpreted according to and governed by Japanese law without reference to any principles of conflicts of law.



SIBELIUS SCORCH LICENSE AGREEMENT
By installing and/or using this Product you (an individual or legal entity) agree with the Licensor to be bound by the terms of this License which will govern your use of the Product. If you do not accept these terms, do not install or use this Product.

This Product is copyright © 1987-2007 Sibelius Software, a division of Avid Technology, Inc, and its licensors.

1. Definitions
In this License the following words and expressions have the following meanings :
"License": this agreement between you and the Licensor and, if permitted by the context, the conditional license granted to you in this agreement.
"Licensor": Sibelius Software Limited, an English company (registered no. 3338819) of The Old Toy Factory, 20-22 City North, Fonthill Road, London N4 3HN, UK.
"Product": the Software and the Documentation.
"Software": the Sibelius Scorch web browser plug-in, Opus and Inkpen2 font families, any other programs or files supplied by the Licensor which are included in or with the Sibelius Scorch installer, and the Sibelius Scorch installer.
"Documentation": any documentation in any form relating to the Software supplied to you with the Software or by the Licensor.

2. License
2.1 The Licensor grants to you a non-exclusive non-transferable license to use this Software in accordance with the Documentation on any number of computers. Title to the Product is not transferred to you. Ownership of the Product remains vested in the Licensor and its licensors, subject to the rights granted to you under this License. All other rights are reserved.
2.2	You may make one printout for your own use of any part of the Documentation provided in electronic form. You shall not make or permit any third party to make any further copies of any part of the Product whether in eye or machine-readable form.
2.3	You shall not, and shall not cause or permit any third party to,
(1) translate, enhance, modify, alter or adapt the Product or any part of it for any purpose (including without limitation for the purpose of error correction);
(2)	create derivative works based on the Product, or cause the whole or any part of the Product to be combined with or incorporated into any other program, file or product, for any purpose; or
(3) use the Software to create files in any format (other than temporary files created and required by your computer's operating system or web browser), including without limitation screen capture files, files generated from the Software's playback, graphics files and print files, for any purpose, except for creating MIDI files (if permitted by the Software) for private non-commercial use.
2.4	You shall not, and shall not cause or permit any third party to, decompile, decode, disassemble or reverse engineer the Software in whole or in part for any purpose.
2.5	You shall not, and shall not cause any third party to, translate, convert, decode or reverse engineer any file capable of being read by any copy or version of the Software or any data transmitted to or from any copy or version of the Software, in whole or in part for any purpose.
2.6	The Product or any part of it must not be used to infringe any right of copyright or right of privacy, publicity or personality or any other right whatsoever of any other person or entity.


3. Copyright
3.1 You acknowledge that copyright in the Product as a whole and in the components of the Product as between you and the Licensor belongs to the Licensor or its licensors and is protected by copyright laws, national and international, and all other applicable laws.

4. Disclaimer of Liability
4.1 In consideration of the fact that the Product is licensed hereunder free of charge, (a) the Licensor disclaims any and all warranties with respect to the Product, whether expressed or implied, including without limitation any warranties that the Product is free from defects, will perform in accordance with the Documentation, is merchantable, or is fit for any particular purpose, and (b) the Licensor shall not have or incur any liability to you for any loss, cost, expense or claim (including without limitation any liability for loss or corruption of data and loss of profits, revenue or goodwill and any type of special, indirect or consequential loss) that may arise out of or in connection with your installation and use of the Product.

5. Termination
5.1 This License shall terminate automatically upon your destruction of the Product. In addition, the Licensor may elect to terminate this License in the event of a material breach by you of any condition of this License or of any of your representations, warranties, covenants or obligations hereunder. Upon notification of such termination by the Licensor, you will immediately delete the Software from your computer and destroy the Documentation.

6. Miscellaneous
6.1 No failure to exercise and no delay in exercising on the part of the Licensor of any right, power or privilege arising hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies of the Licensor in connection herewith are not exclusive of any rights or remedies provided by law.
6.2	You may not distribute, loan, lease, sub-license, rent or otherwise transfer the Product to any third party.
6.3	You agree to the use of your personal data in accordance with the Licensor’s privacy policy (available from the Licensor or on www.sibelius.com), which may change from time to time.
6.4	This License is intended by the parties hereto to be a final expression of their agreement with respect to the subject matter hereof and a complete and exclusive statement of the terms of such agreement. This License supercedes any and all prior understandings, whether written or oral, between you and the Licensor relating to the subject matter hereof.
6.5	(This section only applies if you are resident in the European Union:) This License shall be construed and governed by the laws of England, and both parties agree to submit to the exclusive jurisdiction of the English courts.
6.6	(This section only applies if you are not resident in the European Union:) This License shall be construed and enforced in accordance with and governed by the laws of the State of California. Any suit, action or proceeding arising out of or in any way related or connected to this License shall be brought and maintained only in the United States District Court for the Northern District of California, sitting in the City of San Francisco. Each party irrevocably submits to the jurisdiction of such federal court over any such suit, action or proceeding. Each party knowingly, voluntarily and irrevocably waives trial by jury in any suit, action or proceeding (including any counterclaim), whether at law or in equity, arising out of or in any way related or connected to this License or the subject matter hereof.

(License v5.0 (DMN), 30 July 2007)

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	Digital Music Notebook is not available for use with the Mac OS. It only works on Microsoft Windows Vista/XP/7 (Service Pack 1a or later) or Microsoft Windows 2000 (Service Pack 3 and higher).