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Continuous Velocity Piano

END USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal


agreement between you (either an individual or a single entity, and herein referred to as the
“Licensee”) and TASCAM PRODUCTION SERVICES, (“TASCAM”).

1. License Grant. TASCAM hereby grants to Licensee a limited, nonexclusive,


nontransferable license to use the Continuous Velocity Piano software library (the "Licensed
Software") only for Licensee's internal use. All rights not expressly granted to Licensee are
reserved to TASCAM. This EULA supercedes any prior version license of the Licensed Software
and governs your use of the Licensed Software. Any use or attempted use of the Licensed
Software other than as expressly permitted herein is a breach of this EULA and will cause
irreparable harm to TASCAM or their licensors entitling TASCAM to terminate this EULA,
TASCAM to injunctive relief in addition to all legal remedies under applicable law.

2. Software Ownership/Propriety Rights. This EULA is a license, not a sale, of the


Licensed Software. Licensee owns the disks on which the Licensed Software is recorded or
fixed. TASCAM shall retain full and complete title and all intellectual property rights, including
the copyright, to the Licensed Software recorded on the enclosed disks and all subsequent copies
of the Licensed Software, regardless of the media or form on or in which the original disks or
copies may exist, and any accompanying documentation.

3. Restrictions on Use. Licensee may use the Licensed Software on only one computer at
any one time, however, you may transfer the Licensed Software from one computer to another.
Licensee may not copy, modify, adapt, translate, reverse engineer, de-compile, disassemble, or
create derivative works based on the Licensed Software (including the source code contained
therein) or its accompanying documentation. Licensee may not remove any proprietary notices,
labels or marks incorporated in, marked on, or fixed to the Licensed Software by TASCAM or its
licensors. LICENSEE AGREES NOT TO USE THE LICENSED SOFTWARE TO MAKE
ILLEGAL COPIES OF THIRD PARTY COPYRIGHT PRODUCTS, AND AGREES TO
ASSUME ALL LIABILITY FOR ANY SUCH COPYRIGHT INFRINGEMENT.

4. Transfer Restrictions. Licensee shall not assign, rent, lease, sell, sublicense or
otherwise transfer or distribute the Licensed Software (or accompanying documentation), in
whole or in part, to another party without prior written consent of TASCAM, which consent may
be withheld or conditioned in TASCAM’s discretion. Any party authorized by TASCAM to
receive the Licensed Software must agree in writing to be bound by the terms and conditions of
this Agreement.

5. No Warranty and Disclaimer. The Licensed Software is licensed to Licensee "AS-IS"


and TASCAM AND ITS LICENSORS MAKE, AND LICENSEE RECEIVES, NO
WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
AND TASCAM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE. Accordingly, the complete risk as to the quality and performance of
the Licensed Software is with you. TASCAM does not warrant that the Licensed Software will
meet Licensee's requirements or that the operation of the Licensed Software will be uninterrupted
or error free. The Licensed Software is a high performance library that requires significant
computer resources. Therefore, if used in conjunction with other programs or libraries with
similar resource requirements, the overall performance of the Licensed Software may be
substantially degraded. Licensed Software may not meet all advertised performance features if
used with a non-recommended computer system.

Some states do not allow the exclusion of implied warranties, so the above exclusions may not
apply to Licensee. Licensee may also have other rights, which vary, from state to state.

6. Limitation of Liability. IN NO EVENT SHALL TASCAM OR THEIR LICENSORS


BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, INCLUDING WITHOUT LIMITATION, COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS OR SERVICES OR LOST PROFITS, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THIS AGREEMENT
OR ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE LICENSED SOFTWARE
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, FILES OR
BUSINESS, BUSINESS INTERRUPTION, LOSS OF SALES OR PROFITS AND THE LIKE)
EVEN IF TASCAM WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. The liability of TASCAM, if any, shall be limited to the refund of Licensee’s
purchase price. No oral or written information or advice given by TASCAM, its dealers,
distributors, agents or employees shall create a warranty or in any way increase the scope of this
limited warranty. Some states do not allow the exclusion or limitation of incidental or
consequential damages so the above limitation or exclusion may not apply to you.

7. Export Restriction. Licensee agrees not to export or re-export the Licensed Software in
any form without the appropriate United States and foreign government licenses. Licensee's
failure to comply with this provision is a material breach of this EULA.

8. Term. This license is effective as of the time Licensee receives the Licensed Software,
and shall continue in effect until Licensee ceases all use of the Licensed Software and returns or
destroys all copies thereof or until automatically terminated upon the failure of Licensee to
comply with any of the terms of this EULA.

9. Governing Law. This Agreement and Limited Warranty are governed by the laws of the
State of Callifornia, without regard to conflicts of law principles.

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