RESTRICTED ASSET TERMS
THIS RESTRICTED ASSET TERMS (“AGREEMENT”) IS AS PROVIDED IN ARTICLE 2.2.2 OF APPENDIX 1 OF THE ASSET STORE TERMS OF SERVICE AND EULA (“EULA”) (https://unity.com/legal/as-terms).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS RESTRICTED ASSETS (“RESTRICTED ASSETS”). YOU ARE ONLY PERMITTED TO USE THIS RESTRICTED ASSETS PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS BETWEEN YOU (AS AN INDIVIDUAL OR LEGAL ENTITY) AND YAMAHA CORPORATION (“YAMAHA”).
BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS RESTRICTED ASSETS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THIS RESTRICTED ASSETS. IF YOU HAVE DOWNLOADED OR INSTALLED THE RESTRICTED ASSETS AND DO NOT AGREE TO THE TERMS, PROMPTLY DELETE THE RESTRICTED ASSETS.
PROVISIONS NOT SPECIFIED IN THIS AGREEMENT SHALL BE GOVERNED BY THE PROVISIONS OF EULA.
1. RESTRICTIONS
This RESTRICTED ASSETS is the Restricted Asset as provided in article 2.2.2 of the EULA. You should comply with the following provisions.
- You may not engage in reverse engineering, disassembly, decompilation or otherwise deriving a source code form of the RESTRICTED ASSETS by any method whatsoever.
- You may not reproduce, modify, change, rent, lease, or distribute the RESTRICTED ASSETS in whole or in part, or create derivative works of the RESTRICTED ASSETS.
- You may not electronically transmit the RESTRICTED ASSETS from one computer to another or share the RESTRICTED ASSETS in a network with other computers.
- You may not use the RESTRICTED ASSETS to distribute illegal data or data that violates public policy.
- You may not initiate services based on the use of the RESTRICTED ASSETS without permission by YAMAHA.
- You may not use the RESTRICTED ASSETS for commercial purposes, including but not limited to sublicensing, transferring, distribution, sale, lease, rent or loan . If you want to use the RESTRICTED ASSETS for commercial purposes, you should enter into separate license agreement with YAMAHA for commercial use. If you use the RESTRICTED ASSETS for commercial purposes without prior notification to YAMAHA or conclusion of the license agreement, you shall pay the license fee as described below retroactively to the time of start of commercial use;
▪10 % of the total sales as an annual fee if the total sales as a result of annual commercial sales for the prior fiscal year are $1,000,000 (USD 1,000,000) or more.
▪ $10,000 (USD 10,000) annual fee if the total sales as a result of annual commercial sales for the prior fiscal year are less than $1,000,000 (USD 1,000,000).
▪ No additional fee, if only YAMAHA had been notified in advance that total sales as a result of annual commercial sales for the prior fiscal year are less than $100,000 (USD 100,000) .
▪ No additional fee, if only YAMAHA had been notified in advance that the use is for academic use (excluding grant-funded research) or for educational use. - You may not use or display Yamaha’s trademark for the RESTRITED ASSETS, “Sound xR” (hereinafter, the “Trademark”) on the products integrated with the RESTRICTED ASSETS. If you want to use or display the Trademark for that purpose, you should enter into separate license agreement with YAMAHA, provided, however, that you acknowledge that there is content for which the use of the Trademark shall not be permitted. YAMAHA may, in its discretion, offer you a discount if YAMAHA deems your content integrated with the RESTRICTED ASSETS to be useful.
2. LIMITATION OF LIABILITY
This provision is additional term amends of Article 11 of EULA. Add the following provision as 11.4.
11.4 If you apply to a Consumer as defined under the Consumer Contract Act, YAMAHA SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PENAL, SPECIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE USE OF THE RESTRICTED ASSETS. EXCEPT IN CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF YAMAHA, YAMAHA’S MAXIMUM LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE ROYALITIES OR FEES RECEIVED BY YAMAHA FROM YOU.
3. GENERAL
This provision amends Article 13 of EULA. This AGREEMENT shall be interpreted according to and governed by Japanese law without reference to principles of conflict of laws. All disputes, controversies or differences arising out of or in connection with this AGREEMENT shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. The place of the arbitration shall be Tokyo, Japan. If for any reason a arbitrator finds any portion of this AGREEMENT to be unenforceable, the remainder of this AGREEMENT shall continue in full force and effect.
4. COMPLETE AGREEMENT
This AGREEMENT (including the EULA) constitutes the entire agreement between the parties with respect to use of the RESTRICTED ASSETS and supersedes any accompanying written materials and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of this AGREEMENT.
5. CHANGE OF TERMS
YAMAHA may add or make changes to this AGREEMENT from time to time. You understand and agree that if you download, install, copy, or otherwise use the RESTRICTED ASSETS after the date on which this AGREEMENT have changed, YAMAHA will treat your use as acceptance of the updated AGREEMENT.