Customer Agreement

Yamaha Corporation of America's Customer Agreement

\r This Customer Agreement (“Customer Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Yamaha Corporation of America, Inc. (“Yamaha Corporation of America”) concerning your use of Yamaha MusicSoft (http://www.yamahamusicsoft.com), and Internet Direct Connection. By establishing an account or by clicking to accept the Customer Agreement, you agree to be bound by this Customer Agreement, including future revisions. This is your copy of the Yamaha MusicSoft and Internet Direct Connection Customer Agreement. Please keep it for your records.

Yamaha Corporation of America’s Terms Of Use And Privacy Policy.

\r You acknowledge and agree that your use of Yamaha MusicSoft, and Internet Direct Connection (“Services”) is governed by the terms of this Customer Agreement, the Yamaha Corporation Terms of Use Agreement posted on Yamaha’s web site at https://usa.yamaha.com/terms_of_use, and the Yamaha Corporation Privacy Policy posted on Yamaha’s web site at https://usa.yamaha.com/privacy_policy, both of which are incorporated herein by reference.

Return Policy

\r Yamaha Corporation of America guarantees its products and will accept returns for full refunds or exchanges in the following cases:

1. The product you received is defective
2. The product arrived damaged due to mishandling during shipping
3. The product was not ordered and is not in your order history
4. Incorrect compatibility information on our website led to the purchase of an incompatible item

\r In these cases, please contact us to request a return authorization. Unauthorized returns, or items returned more than 30 days following receipt, will not be accepted for refunds. If you need to cancel or modify an order, please notify us immediately.

\r Returns on properly functioning software, open or unopened, are not accepted. Returns on properly functioning download items are also not accepted.

\r With the exception of defective items, all returned items must be received in their original unused condition to be considered for a refund. Return shipping charges will not be subject to refund, except in cases where we have shipped an incorrect item. Refunds will be processed via credit card credit.

\r To request a refund, please contact us using this Customer Service Inquiry Form. Please include the name of the product(s) you wish to return, your order ID number, and the reason for the return.

Copyright Complaints

\r It is Yamaha Corporation of America’s policy to comply with all intellectual property laws and, in appropriate circumstances, to terminate the use or accounts of users who infringe the intellectual property rights of others.\r If you believe that your work has been infringed, send a notice of copyright infringement to Yamaha Corporation of America’s Designated Contact for Copyright Infringement:\r Designated Contact for Copyright Infringement:

\r Yamaha Corporation of America, Inc.

\r 6600 Orangethorpe Avenue

\r Buena Park, CA 90620

\r Attention: Copyright Complaints

\r Your notice must include:

• Physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner.
• Identification of the copyrighted work claimed to be infringed.
• Description of where the alleged infringements are located in the Services.
• Your name, address, telephone number and email address.
• A statement of good faith belief that the material is infringing.
• A statement that, under penalty of perjury, the information in the notification is represented to be accurate and that the complaint is authorized by the copyright holder.

\r Once proper notice has been received, Yamaha Corporation of America will remove or block access to infringing material, and notify the subscriber of the copyright infringement notification. The subscriber must provide a counter notice that contains the following information:

• Physical or electronic signature of the subscriber.
• Identification of the material that has been removed or to which access has been disabled.
• Statement that the subscriber has a good faith belief that the material did not constitute copyright infringement.
• Subscriber's name, address, telephone number, and email address.
• Statement that the subscriber consents to jurisdiction in federal court and provides the counter notice information under penalty of perjury.

\r If Yamaha Corporation of America receives a counter notification, it will forward this notification to the original complaining party. If the complaining party does not respond to the counter notice by filing a lawsuit, Yamaha will restore the material or access to the material within ten to fourteen days of the receipt of a counter notification.

Third Parties' Copyright

\r Yamaha Corporation of America takes the protection of intellectual property rights, including copyrights, very seriously and expects our users to do the same. We have obtained licenses from the owners of the copyrighted works that are offered as part of the Services. By downloading copyrighted works through the Services, you are receiving a freely revocable, non-exclusive, non-transferable license to use the works for personal, non-commercial use. Unauthorized copying, distribution, modification, publication, sale, licensing, performance or display of copyrighted works\r is an infringement of the copyright holders' rights.

Copyright Protection Policy

\r Yamaha Corporation of America does not permit unauthorized distribution or resale of Yamaha Corporation of America products or services.\r To enforce this, Yamaha Corporation of America may incorporate Yamaha proprietary protection technology into its products and services. Some PianoSoft downloads may be encrypted and require the Yamaha MusicSoft Downloader program for use. Yamaha Premium Packs and Voices use encryption which restricts transfer to a single specific instrument.

Artist Name Disclaimer

\r Disclaimer: Please be advised that the MIDI files made available on the Services are not, and do not contain, the original recording of the song recorded by the identified artist but instead are re-recordings of the identified song. The identification of recording artist names is solely for descriptive and informational purposes and is not intended nor should be construed to constitute as an endorsement by the recording artists or owners of the original recordings of the MIDI files or this music download delivery service.

Taxes

\r You will pay all taxes or other government fees and charges, if any, which are assessed based on the amount of your order and the billing address you provide to Yamaha Corporation of America.

Procedures Required for Notice Between You and Yamaha Corporation of America

\r Any notices or communications under these provisions or relating to your use of the Services must be delivered as follows:

\r If notice is by you to Yamaha, (1) Customer Service inquiries and technical inquiries about the routine operations of the Services may be directed to: https://usa.yamaha.com/support/contact

\r (2) all legal notices, notice of disputes and demands for arbitration, and any other notice which purports to change these provisions or to assert legal entitlements must be sent in writing to:

\r Yamaha Corporation of America, Inc.

\r 6600 Orangethorpe Avenue

\r Buena Park, CA 90620

\r BY REGISTERED MAIL OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED. IN NO EVENT SHALL YOU ASSUME THAT NOTICE BY ELECTRONIC MAIL SATISFIES THIS REQUIREMENT. FOR NOTICE TO BE SUFFICIENT UNDER (2), YOU MUST IDENTIFY YOUR NAME, ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS. ALL SUFFICIENT NOTICE SHALL BE DEEMED TO HAVE BEEN RECEIVED ON THE DATE IT IS DELIVERED.\r IF NOTICE IS BY YAMAHA CORPORATION OF AMERICA TO YOU, NOTICE MAY BE SENT AT YAMAHA'S REASONABLE DISCRETION BY ELECTRONIC MAIL TO THE ELECTRONIC ADDRESS SPECIFIED DURING YOUR USE OF THE SERVICES, BY FACSIMILE IF YOU HAVE PROVIDED A FACSIMILE NUMBER DURING YOUR USE OF THE SERVICES, OR BY CERTIFIED OR REGISTERED MAIL TO THE MAILING OR STREET ADDRESS PROVIDED BY YOU DURING YOUR ACCESS OF THE SERVICES OR BY NATIONALLY RECOGNIZED DELIVERY SERVICE WHICH MAINTAINS RECEIPT CONFIRMATION. YOU WILL BE DEEMED TO HAVE RECEIVED NOTICE EITHER UPON RECEIPT OR, FOR MAILINGS, WITHIN SEVEN DAYS AFTER MAILING, WHICHEVER EARLIER OCCURS. YOU ARE RESPONSIBLE FOR NOTIFYING YAMAHA CORPORATION OF AMERICA OF ANY CHANGES TO YOUR CONTACT INFORMATION PRIOR TO ANY CHANGES. YAMAHA CORPORATION OF AMERICA MAY USE YOUR PREVIOUS CONTACT INFORMATION, IF YOU FAILED TO PROVIDE YAMAHA WITH UPDATED OR CURRENT INFORMATION.

Governing Law:

\r This agreement shall be governed by and construed in accordance with the laws of the State of California, United States.