1. Provider of YME Clavinova Space App

This End User License Agreement (“EULA”) governs the use of the YME Augmented Reality App for iOS and Android (“App”) which is provided by Yamaha Music Europe GmbH, Siemensstraße 22, 25462 Rellingen (“YME”) to the end user (“User” or “you”). This EULA is downloadable and viewable before download and installation of the App on the User’s mobile device at the respective App detail pages of the Apple App Store and the Google Play Store; it is also viewable within the App.

You may only use the App if you accept the EULA.

2. The App

The App offers an augmented reality view of Yamaha Music products (“3D-Models”) alongside basic product information, a selection of product videos and audio examples, search for appropriate agents for Yamaha Music products and links to YME’s website to find more detailed product information about Yamaha Music products. YME may add or remove individual services from time to time or cease offering the App altogether.

For a full description of the features of the App, its compatibility and specifications, as well as the technical requirements for its use, see the details pages of the respective app store and updates posted there.

The App is for non-commercial use only. If you wish to use the App for any commercial purpose, please contact YME.

The download and use of the App is free of charge; the App does not feature in-app purchases.

3. Your Private Data

We respect your private data. For the details of the App’s use of your data please refer to the App’s Privacy Policy, available for download at the respective app store and viewable in the App.

4. Intellectual Property

The App, in any version or update, its software, source code and object code as well as any of its content including but not limited to 3D-Models, designs, images, graphics, videos, music, sounds, music sheets, texts and any other creative work, information or data as well as the names, trademarks, logos, brands or other content of YME and Yamaha Corporation Japan and its affiliates (collectively “Content”) enjoy copyright protection under applicable Copyright Law, Trademark Law,  and/or other laws for the protection of intellectual property or proprietary rights. Content which does not originate from YME, Yamaha Corporation Japan and its affiliates enjoys copyright protection in favor of the respective rights holder.

YME grants Users a non-exclusive, non-transferable license, free of charge and revocable at any time, to use the App and the Content for non-commercial uses and in accordance with the functionality of the App as provided by YME. You agree not to copy, distribute and publicly reproduce, including make publicly available, modify or edit, disassemble, reverse engineer or otherwise decompile the App unless permitted in writing by YME, Furthermore, you agree not to copy, distribute and publicly reproduce, including make publicly available, modify or edit, the Content except as explicitly provided for within the functionality of the App.

5. Sharing Function

In this respect, you may

• use the sharing function
• take screenshots
• take pictures
• use screen-mirroring/screen-casting

of the App, the Content and the images of 3D-Models staged in augmented reality environment captured by the camera of your device (“Augmented Reality Images”), and may use and share with third parties (e.g. by e-mail, WhatsApp, iMessage, MMS or Social Media) such Augmented Reality Images for non-commercial purposes. Additional charges from you network provider may apply. YME reserves the right to recall granted usage rights to shared Augmented Reality Images and/or respective Content at any time and take legal action available to prohibit abuse of the right to share Content with the App. The User is responsible for the use of shared Content by third parties.

6. Limitation of Liability

YME shall be liable for damages or compensation for futile expenses, regardless of the legal basis (e.g. from contractual and similar obligations, material defects and defects in title, breach of duty and tort), to the following extent: (i) In the event of intent, gross negligence, an injury to life, body or health, and in the event of fraudulent behavior and a violation of a guaranteed quality the liability is unlimited. (ii) In the event of slight negligence for the violation of cardinal duties (e.g. such duties, the fulfillment of which is essential for the proper execution of the EULA and the observance of which the User relies on and may rely on and the violation of which threatens the achievement of the purpose of the EULA) YME shall be liable only to the amount of the typical damage foreseeable at the time of conclusion of the EULA. Liability arising under the German Product Liability Act remains unaffected.

7. Final provisions

YME may amend this EULA from time to time. YME will notify the User of any such changes to the terms of the EULA by providing a revised version highlighting any changes within the App, prior to a new version of the App. The amended terms of the EULA will become effective with acceptance by the User. Once effective, the revised terms of the EULA will supersede any previous versions.

The EULA is subject exclusively to the laws of the Federal Republic of Germany. If you are a consumer with habitual residence in the EU, EEA or Switzerland, this choice of law does not deprive you of the protection of the mandatory law of the country of your habitual residence that is applicable in relation to you if in your favor. If you are a merchant, the courts of Hamburg, Germany, shall have exclusive jurisdiction.

EULA version February 2021