Guidelines for Using the Product
These Guidelines establish the usage conditions and cautions for
the customer when using software and any printed materials and
electronic files (“the Software”) provided by Korg, Yamaha and
Crypton Future Media (“the Companies”) included with the
product purchased thereby (“the Product”).
Please read these Guidelines before using the Product.
1. Copyrights and License
The Companies grant a nontransferable license to the customer
for the use of programs and data files contained in the Software
as well as upgrades and data files that may be provided thereto
under certain conditions (“Licensed Programs”). Although the
customer has the right to any data obtained from the use of
Licensed Programs, any rights relating to the Licensed Programs
including copyrights belongs to the Companies and their
licensors.
2. Usage Restrictions
The following is prohibited with regard to the use of the Software:
(1) publicize or distribute content contained in lyrics that violate
public order and standards of decency;
(2) publicize or distribute content that violates the reputation,
fame, moral rights or any other rights of a third party;
(3) publicize content contained in the following without the
permission of the Companies:
(a) Representations on products or services
When representing VOCALOID™ (including VOCALO), HATSUNE
MIKU or the like (“Contract Representation”) in products or
services such as the following.
i. Products or services with credits such as the name of
singers, artists, instruments or otherwise and with Contract
Representation.
ii. Products or services with Contract Representation on its
package, promotional materials or any other advertising.
iii. Movies with Contract Representation in opening credits,
closing credits or otherwise displayed in a way that all
consumers can recognize.
(b) Use in a commercial Karaoke or similar service/system to
provide vocals including backing vocals, including use to create
commercial Karaoke software, Karaoke hardware, and
internet-based Karaoke products systems and services.
(c) Use commercially as telephone ringtones or as audio alerts
or signals in telephone or telecommunication equipment,
except when used in combination with other musical instru-
ments or sounds within a musical composition.
(d) Use as built-in voice or sound for consumer electronics
products, robots, car navigation system, gambling machines,
musical instruments, computer software, game software, or
any other hardware and software products.
(e) Use for persons or characters in commercial motion
pictures (such as, but not limited to, animation, commercial
films, video games) as if they sing or perform the Synthesized
Singing.
(f) Use for commercial CDs, records, audio-tapes, MDs, hard
discs, flash memory cards, IC memory cards or any other
recording media (“Records” as a collective term) produced by a
legal entity (regardless of its own recordings or recordings
provided by others) and for distribution or distributing the
contents in Records online.
3. Termination
Terms and conditions of use shall be in effect on the date that the
customer acquires the Licensed Programs. The license with
terms and conditions of use shall automatically terminate
without notice from the Companies in the event that the
customer violates any provision of the Copyrights Act or the
terms and conditions of use. In such a case, use of the Licensed
Programs must cease immediately.
4. Denial of Guarantee
It is deemed that the customer understands and explicitly agrees
to bear all risks associated with the use of the Licensed Pro-
grams. The Licensed Programs and attached documents are
provided in their original condition without a guarantee. The
Companies do not guarantee or represent the quality, perfor-
mance, non-violation of rights, marketability or applicability for
any specific purpose of the Software whether explicitly, implicitly
or statutorily. In particular, the Companies do not represent or
guarantee that the Licensed Programs meet the desires of the
customer, that they lack interruptions or postponements, that
they are safe, accurate and complete, that they do not contain
errors or with regard to defects or repairs, among others.
5. Limitation of Liability
The liability of the Companies is limited to the supply of the
license provided for in the terms and conditions of use. The
Companies are not liable whatsoever for any direct, derived,
collateral or indirect loss incurred due to the use or failure to use
the Licensed Programs (including loss of data, loss of profits
from sales, interruption of operations, loss of sales information,
etc.) regardless of whether such loss is regular or special and
even if the occurrence thereof or the possibility of third-party
claims for indemnification was known in advance.
6. Use of Characters
When using the Software to fabricate and publicize feature
representations including characters with respect to which
Crypton Future Media owns copyrights or other rights, please
refer to the “For Creators” section of “piapro.net” (http://piapro.
net/en_for_creators.html), the website of Crypton Future Media.
7. Third-party Software
The Companies may provide third-party programs, data files and
related documents (“Third-party Software”) with the Licensed
Programs. In the event that the Companies indicate the inclusion
of Third-party Software, the customer shall be bound by the
contractual stipulations accompanying such Third-party
Software and understand and agree that the supplier of
Third-party Software shall guarantee the same and bear all other
liability. The Companies do not bear any liability whatsoever with
regard to Third-party Software, nor do they guarantee, either
explicitly or implicitly, the marketability of Third-party Software
or the applicability thereof for any specific purpose. The
customer must bear all risks associated with the use or functions
of Third-party Software. The Companies do not provide
after-sales customer service regarding the operation method,
defects of other matter regarding Third-party Software. The
Companies are not liable whatsoever for any direct, derived,
collateral or indirect loss incurred due to the use or failure to use
of Third-party Software (including loss of data, loss of profits
from sales, interruption of operations, loss of sales information,
etc.) regardless of whether such loss is regular or special and
even if the occurrence thereof or the possibility of third-party
claims for indemnification was known in advance.
8. General Terms
The terms and conditions of use shall be applicable to the laws of
Japan and interpreted based thereon. In the event of a dispute
arising between the Companies and the customer, if such is not
resolved after mutual consultation between the parties in good
faith, the exclusive jurisdictional court shall be the Tokyo District
Court. In the event that any of the stipulations, in whole or in
part, of the terms and conditions of use are rendered illegal,
invalid or unexecutable by a jurisdictional court or government
body, or it is determined that such stipulation does not corre-
spond to the fundamental nature of the overall agreement, the
legality, adequacy and legal force of the remaining agreement
(including the remaining provisions that include such stipula-
tions) shall not be affected. The customer represents and
guarantees that he or she does not correspond to an embargoed
country of the United States, or reside in a country on any special
list of the U.S. State Department or on any individual blacklist of
the U.S. Department of Commerce. All legal notices from the
customer shall be in writing sent by registered mail to the
following address:
Korg Inc. 4015-2 Yanoguchi, Inagi City, Tokyo 206-0812 Japan
9. Entire Agreement
The terms and conditions of this agreement constitute the entire
agreement between the customer and the Companies and
replace all acknowledgments and agreements regarding this mat-
ter. Revisions or changes to the terms and conditions of use shall
not have force unless such are effected in writing and signed by
the Companies.
10. Change of Guidelines
The Companies may change the content of these Guidelines.
After a change, the Companies shall notify the facts and details
of the change to the customer or indicate them on their website.