Appendix D: Notation Musician License Agreement
By clicking ‘I Agree’ before installing the program from Notation Software Germany GmbH, you are consenting to be bound by this agreement. If you do not agree to all terms of this agreement, click the ‘I Do Not Agree’ button and Cancel. The installation process will terminate.
License Agreement for Notation Software Germany’s products
In this document the term “Software” is defined as the Notation Musician or Notation Composer Trial Version software program and all language variants, or the purchased Notation Musician, Notation Composer or Notation Composer BBPlugin Full Version software programs and all language variants. By installing or otherwise using this Software, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, you must immediately terminate your use of this Software and you must delete it completely from your computer system (including any backup storage device).
1. Grant of License and Term
The Software is licensed, not transferred or sold, to you by Notation Software Germany GmbH (the term “Notation Software” further used in this document stands for Notation Software Germany GmbH) or it’s licensed marketing agents, and is protected by German copyright and intellectual property laws, and the laws of other countries under international treaty. The program Band-in-a-Box® (including the logo, music and text incorporated into the program) is owned by PG Music Inc., and is protected by international copyright laws and international treaty provisions. The installation package contains open source software libraries in the form of Dynamic Link Libraries (DLL libraries) and a soundfont file. The LGPL license applies to these libraries and to the soundfont file. The Software uses the ASIO compatible driver software. ASIO is a trademark and software of Steinberg Media Technologies GmbH.
This license agreement remains effective for any potential legal successor of Notation Software Germany GmbH.
The License terminates automatically if you fail to comply with the limitations described herein. On termination, you must destroy any copy (including archived backups) of the Software and its documentation.
1.1 Notation Musician and Notation Composer - Trial Version
For the Notation Musician and Notation Composer Trial versions, Notation Software grants you a license to use the Software free of charge for evaluation purposes, for a period of 30 days. If you wish to use Notation Musician or Notation Composer past the trial period, you may purchase a full version of Notation Musician or Notation Composer. (Visit www.notation.com for ordering instructions.)
1.2 Notation Musician, Notation Composer, and Notation Composer BBPlugin - Full Version
In case you are under 18 years of age and wish to purchase a license of one of our products, please ask your parent or guardian to act as principal.
For the Notation Musician, Notation Composer, and Notation Composer BBPlugin Full Versions, Notation Software (and for the BBPlugin PG Music Inc.) grants you a license to use the Software for as long as you want to use the Software, and as long as Notation Software provides support for the Software and beyond without support. The installation of a license of the Software is limited to one single computer at a time. Computer also stands for a single virtual machine. Any virtual machine requires a separate license. The installation setup is as such that multiple users of the same computer can use the Software license. In case the Software needs to be installed on another computer than the original computer (e.g. in case the original computer is broken and a new computer is bought, or the license is given away to somebody else), you can transfer your personal license to a new computer by touching base with Notation Software. You will need to send your name and full address which you used when purchasing the license, the license number, the log file of the setup program and the log file of the Software itself. In addition it is required to precisely describe the reason why you want to port the Software to another computer.
You should send this request from your email address which you used when purchasing the product. Notation Software has prepared a form for that. Both log files are created by the Software automatically and stored on your computer. Details like the location of these log files, where the license number is displayed etc. will be presented by the Software in the case of attempting a new installation. Notation Software will validate your request as soon as possible and reactive the license for the new computer accordingly. Permanently transferring a license back and forth between different computers is not possible. In this case each computer requires a separate license. Notation Software reserves the right to charge a processing fee for the transfer of the license to another Computer. Details can be found on the website of Notation Software.
When the license is reactivated for the new computer, the Software needs to be uninstalled from the former computer as described above for the case of non-acceptance of the license agreement. An installation on a new computer is only possible with the originally received Software installation program which you received from Notation Software. There is no limit in the number of consecutive installations on the computer which holds the license, and such reinstallations can be done without a reactivation of the Software by Notation Software.
2.1 Trial Version of Notation Musician and Notation Composer
You are only allowed to download the Trial Version Setup program from the website of Notation Software www.notation.com. Redistribution of the Trial Version Setup program is not allowed in any form via electronic means (Internet, bulletin boards, shareware distribution libraries, CD-ROMs, etc.). Anyone who installs the Software will be subject to the terms and conditions of this License Agreement.
2.2 Notation Musician/Composer/BBPlugin Full Version
You may transfer your rights under this Agreement to only one (1) other individual or entity such as a corporation, provided that the recipient agrees to the terms of this License Agreement, and provided that you completely destroy any copies (including archives) of the Software and its documentation. The transfer of the license to the new licensee needs to follow the same scenario as for the reactivation described above in section 1.2. Notation Software will re-distribute a new installation program of the Software and reactivate the newly transferred license with the information of the new licensee.
You may not reverse engineer, decompile, re-package or disassemble the Software, except and only to the extent that such an activity is expressly permitted by Notation Software in a written form in every respect for applicable law, notwithstanding this limitation. You may not use any copy of Notation Musician Trial or Notation Composer Trial Version in anyway by circumventing the 30-days trial period or other limitations of the trial version. Even in this case you violate the law. The Software will detect possible illegal altered code through a continuous software verification process. The license will terminate if any illegal handling or modification of the Software is detected. The Software will terminate any further execution of the Software. Juridical measures will be initiated accordingly by Notation Software.
Notation Software provides support according to the announced lifetime of the products. In case of issues the licensee agrees to send requested log files to Notation Software for further analysis.
You consent to the privacy and data security policy which can be obtained from Notation Software's website.
6. No Liability
To the maximum extent permitted by applicable law, Notation Software or PG Music Inc. are not liable for any indirect, special, incidental, or consequential damages, including, but not limited to damages for loss of business, loss of revenue or profit, loss of damaged data or other commercial or economic loss, which arise out of your use or inability to use the Software.
In addition Notation Software is not liable when copyrighted music sheets may be illegally handled.
When you present or review the Software on a website you must clearly represent to the visitor that Notation Software is the publisher of the Software and that you are not selling the Software. Furthermore you need to indicate that a full license can be obtained from Notation Software’s website www.notation.com.
This Agreement represents the complete agreement concerning this license, and may not be changed except by a signed amendment. If any provision of this Agreement is held to be unenforceable, such a provision shall be reformed only to the extent necessary to make it enforceable and the other provisions shall remain in full force and effect. This Agreement shall be governed by the law of the Federal Republic of Germany. Place of jurisdiction is Landsberg am Lech, Germany. Band-in-a-Box® is a registered trademark of PG Music Inc. Band-in-a-Box® is protected under US Patents 5990407, 8097801, 8581085, and 8680387.
We reserve the right to display advertising on the opening portal of the software.
8. License Agreement is stored
This License Agreement is saved and stored on your computer during the installation process in the Notation Documents directory for your records. No further special saving of this document is necessary.
Notation Software Germany GmbH
D-86919 Utting am Ammersee
Amtsgericht Augsburg, Germany HRB 27100