Software License Agreement

Please read the following terms and conditions carefully before using the Software. By copying, installing or using any part of the Software you are indicating your acceptance of all the terms and conditions of this Agreement. If you do not agree to any of the terms of the Agreement, then do not copy, install, or use the Software.

1.      Definitions

“Software” means software, image files, all accompanying files, data and materials received with your copy of the Kurzweil Music Systems “PC3 Editor.”

“Documentation” means explanatory written materials and files supplied with the Software.

“Kurzweil Music Systems” is a registered trademark of Young Chang.

“Young Chang” means Young Chang Co., Ltd., IPark Bldg 102, Floor 9, Jeongja-Dong 9, Bundang-Gu, Seongnam-Shi, Gyeonggi-Do 463 859, Republic of Korea (South Korea).

“Agreement” means the contents of this Software License Agreement in its entirety.

“PC3” means any Kurzweil Music Systems PC3 models including the PC3X, PC3, and PC361.

2.      Grant of License

The Agreement permits you to install and use the Software on multiple computers, but it must be used with only one Kurzweil Music Systems PC3. You must legally acquire one licensed copy of the Software for each Kurzweil Music Systems PC3 in use.

You may not rent or lease the Software, but you may permanently transfer your rights under the Agreement provided that you include all materials provided with the Software, the Kurzweil Music Systems PC3 for which the Software is licensed, and the recipient of the Software agrees to all terms in the Agreement.

3.      Intellectual Property Ownership

The Software is licensed, not sold. The structure, organization, and code of the Software are valuable trade secrets and confidential information owned by Young Chang and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Young Chang permits you to copy, download, install, use, or otherwise benefit from the functionality or intellectual property of the Software only in accordance with the terms of the Agreement. All other rights not expressly granted herein are reserved by Young Chang and its suppliers.

You may not disclose to other persons the data or techniques relating to the Software that you know or should know are trade secrets of Young Chang in any manner that will cause damage to Young Chang.

4.      Restrictions

All components accompanying the software are copyrighted by Young Chang and its suppliers and may not be modified, separated, published with other software, or used by any other means except with the Software and may not be distributed or copied in any manner.

You may not modify, adapt, or translate the Software in any way. You may not disassemble, reverse engineer, de-compile or create derivative works based on the Software. You may not make access to the Software available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by Young Chang herein.

The Software and all services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any of laws in your jurisdiction is strictly prohibited. This includes, but is not limited to: copyrighted material, material judged to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold Young Chang harmless from any claims resulting from the use of the Software, which may damage any other party.

5.      Updates

Provided that you have obtained a valid License for the Software, you may have the opportunity to maintain the Software by downloading, installing, and using a new version. The Agreement applies equally to the original copy of the Software that you received and any updates downloaded, installed, and used.

6.      Limited Warranty

If you have purchased a single copy of the Software from Young Chang or an authorized distributor or retail sales outlet you may return it unused, within thirty (30) days after purchase, for a refund of your payment less any incidental charges. The 30-day warranty is applicable only to products purchased within your country of residence. Purchases of products downloaded from or shipped from outside of your country of residence are strictly non-refundable. 

If the software does not perform substantially in accordance with the Documentation, the entire liability of Young Chang and its affiliates and your remedy will be limited to either, at Young Chang’s option, replacement of the Software or refund of the license fee you paid for the Software. Young Chang makes no other warranties to you in connection with this License, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

 7.      Limitations of Liability

Except for the exclusive remedy set forth above, in no event will Young Chang, its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations be liable to you for any loss, damages, claims or costs whatsoever including any consequential, indirect, or incidental damages, any lost profits or savings, any damages resulting from business interruption, failure to perform, personal injury, or claims by a third party, even if a Young Chang representative has been advised of the possibility of such damages, loss, claims, or costs. Young Chang’s total liability and that of its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations shall be limited to the amount paid for the Software license fee, if any. 

In addition, in no event does Young Chang authorize you to use the Software in applications or systems where Software's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold Young Chang harmless from any claims or losses relating to such unauthorized use. 

These limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. You may have additional rights that vary from jurisdiction to jurisdiction.

 8.      Export Rules

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

 9.      Severability

If any provision of this Agreement should become or be deemed illegal, unenforceable or void, then the remaining provisions shall be of full force and effect.

10.  General Provisions

The Agreement constitutes the entire statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, Agreements and arrangements.

 The observance of the Agreement is conditional for the legal use of the Software and its accompanying items.

 11.  Governing Law

This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts, United States of America.