End-User License Agreement - Manual Downloads
Please read this document carefully before downloading these documents or materials. Roland makes the Roland Proprietary Material available to you only subject to your acceptance and agreement with the terms and conditions set forth in this document and any changes that Roland may publish from time to time (collectively the "Agreement"). This Agreement contains restrictions, limitations, warranty and liability disclaimers and other terms and conditions. By selecting the "Download" button at the bottom of the Agreement, you are confirming your acceptance of and agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not download the material.
1. Definitions:
"Roland" means Roland Corporation, with offices at 2036-1 Nakagawa, Hosoe-cho, Hamamatsu, Shizuoka 431-1304 Japan, and all affiliates and subsidiaries in all jurisdictions and countries.
"Roland Proprietary Material" means the information, text files, user manuals, and any other documents, material or information found on this web site or downloaded therefrom. Roland Proprietary Material may include printed matter such as quick-reference charts or errata sheets that supplement the owner's manual, but some of this supplementary material may not always be provided on or through this site.
2. Ownership, Copyright and other Intellectual Property Protection:
The Roland Proprietary Material, as well as their selection and arrangement, are owned by Roland or its licensors, and are protected by copyright, trademark, patent, and/or other intellectual property laws, treaties, conventions and agreements, including applicable laws in the country it is being used (the "Laws"), and any unauthorized use of the Roland Proprietary Material may violate such Laws and is prohibited by this Agreement.
3. Limited Personal Use License:
Subject to the terms and conditions of this Agreement and your acceptance of and compliance with the same, Roland grants you a limited, revocable, nonexclusive, nontransferable license to use the Roland Proprietary Material as follows:
a. You may use the Roland Proprietary Material only for your own personal use.
b. You may make no more than one copy of the Roland Proprietary Material, solely for your personal use.
c. You must not remove and must reproduce on any such copy all copyright notices, trademark markings and notices and any other proprietary legends found on the original.
4. Principal Restrictions:
You agree that you will not:
a. make or distribute copies of the Roland Proprietary Material (except one copy for your personal use as authorized above); or
b. electronically transfer the Roland Proprietary Material from one computer to another or over a network; or
c. copy portions or excerpts from the Roland Proprietary Material for any purpose; or
d. modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Roland Proprietary Material or any part thereof.
5. Ownership by Roland and Reservation of Rights:
The foregoing license gives you limited, restricted and revocable license rights to use the Roland Proprietary Material. You do not become the owner of, and Roland and its suppliers retain title to, the Roland Proprietary Material, and all copies thereof. All rights not specifically granted in this Agreement, including without limitation under international copyright, trademark, patent, and other intellectual property laws, treaties conventions and agreements are reserved by Roland.
6. Trademark information
The trademarks, logos, and service marks ("Marks") displayed in the Roland Proprietary Material or on this web site are the property of Roland or third parties. You are not permitted to use the Marks without the prior written consent of Roland or such third party that may own the Marks. Roland and the Roland logo are trademarks of Roland Corporation.
7. Timing of Warnings and Cautions.
Safety warnings, cautions, and related warnings and cautions for using any Roland product are given as mandated by laws and industry standards in effect at the time the owner's manual was produced, and may not necessarily reflect current law or standards.
8. Changes.
The content of the Roland Proprietary Material, including but not limited to owner's manuals, is subject to change without notice due to changes in product specifications or for other reasons. For this reason, the content and structure of owner's manuals provided on this site may differ from the specifications of the product you own.
9. Disclaimer of Warranties and of Technical Support:
THE ROLAND PROPRIETARY MATERIAL IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT OR WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, ROLAND MAKES NO REPRESENTATION OR WARRANTY:
THAT THE ROLAND PROPRIETARY MATERIAL WILL MEET YOUR REQUIREMENTS;
THAT THE ROLAND PROPRIETARY MATERIAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ROLAND PROPRIETARY MATERIAL WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT ANY ERRORS IN THE ROLAND PROPRIETARY MATERIAL OBTAINED FROM OR THROUGH THIS WEB SITE OR ANY DEFECTS IN THE WEB SITE WILL BE CORRECTED. ROLAND MAKES NO COMMITMENT TO CORRECT ANY ERRORS OR UPDATE THE ROLAND PROPRIETARY MATERIAL.
THE USE OF THE ROLAND PROPRIETARY MATERIAL OR THE DOWNLOADING OR OTHER USE THEREOF THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ROLAND ASSUMES NO LIABILITY FOR ANY COMPUTER PROBLEMS OR OTHER DAMAGE OR LOSS ASSOCIATED THEREWITH.
THESE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY MAY NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER; I.E., A PERSON PURCHASING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS.
10. Limitation of Damages:
IN NO EVENT WILL ROLAND, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SUCCESSORS, ASSIGNS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ROLAND OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY.
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Roland and you. You understand, acknowledge, and agree that Roland would not be able to provide the Roland Proprietary Material without such limitations.
11. International Users
This web site can be accessed from countries around the world and may contain references to Roland products, services, and programs that are not available in your country. These references do not imply that Roland intends to announce or make available such products, services, or programs in your country.
12. Termination.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Roland Proprietary Material. All rights to use the Roland Proprietary Material is granted on the condition that these rights are forfeited if you fail to comply with the terms of this Agreement. This Agreement will terminate immediately without notice from Roland if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement (i) immediately should any Roland Proprietary Material become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right, or (ii) for their convenience with ten (10) days written notice (including email notice). Upon Termination, your license to use the Roland Proprietary Material shall terminate and you must cease use of and destroy all copies of Roland Proprietary Material. Notwithstanding termination, Sections 2 (“Ownership, Copyright and other Intellectual Property Protection"), 4 ("Principal Restrictions"), 5 ("Ownership by Roland and Reservation of Rights"), 6 ("Trademark Information"), 9 ("Disclaimer of Warranties and of Technical Support"), 10 ("Limitation of Damages"), 12 ("Termination"), and 13 ("General") shall survive any termination or expiration of this Agreement.
13. General:
a. Governing law and jurisdiction
This web site is controlled by Roland in part from its offices within the Country of Japan. By accessing this web site, you and Roland agree that all matters relating to your access to, or use of, or your downloading of any Roland Proprietary Material, shall be governed by the statutes and laws of the Country of Japan, without regard to the conflicts of laws principles thereof. You and Roland also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of Japan with respect to such matters.
b. Entire Agreement, Severability, No Waiver
This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. If for any reason a court of competent jurisdiction finds any provision of the Agreement to be invalid or unenforceable, that provision shall be deemed struck, and the remainder of the Agreement shall continue in full force and effect. Any failure by Roland to enforce or exercise any provision of the Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in the Agreement are purely for convenience and carry with them no legal or contractual effect.
ATTENTION: By ticking the checkbox to the left of the phrase "I AGREE AND WISH TO PROCEED WITH DOWNLOAD" you are acknowledging your agreement and acceptance of the terms, conditions, limitations and restrictions set forth above, which will result in the formation of a legal, binding contract between you and Roland.
2004 (C) Roland Corporation. All rights reserved.
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