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SIBELIUS SCORCH LICENSE AGREEMENT

By installing and/or using this Product you (an individual or legal entity) agree with the Licensor to be bound by the terms of this License which 
will govern your use of the Product. If you do not accept these terms, do not install or use this Product.
The Product is copyright © 1987-2007 Sibelius Software, a division of Avid Technology, Inc, and its licensors.

1.

Definitions

In this License the following words and expressions have the 
following meanings:
“License”: this agreement between you and the Licensor and, if 
permitted by the context, the conditional license granted to you in 
this agreement.
“Licensor”: Avid Technology, Inc., of Avid Technology Park, One 
Park West, Tewksbury, MA 01876 USA, through its division Sibelius 
Software, of 20-23 City North, Fonthill Road, London N4 3HF, UK 
“Product”: the Software and the Documentation.
“Software”: the Sibelius Scorch web browser plug-in, Opus, 
Helsinki, Inkpen2 and Reprise font families, any other programs or 
files supplied by the Licensor which are included in or with the 
Sibelius Scorch installer, and the Sibelius Scorch installer.
“Documentation”: any documentation in any form relating to the 
Software supplied to you with the Software or by the Licensor.

2.

License

2.1

The Licensor grants to you a non-exclusive non-transferable 
license to use this Software in accordance with the 
Documentation on any number of computers. Title to the 
Product is not transferred to you. Ownership of the Product 
remains vested in the Licensor and its licensors, subject to the 
rights granted to you under this License. All other rights are 
reserved.

2.2

You may make one printout for your own use of any part of the 
Documentation provided in electronic form. You shall not make 
or permit any third party to make any further copies of any part 
of the Product whether in eye or machine-readable form.

2.3

You shall not, and shall not cause or permit any third party to,
(1) translate, enhance, modify, alter or adapt the Product or any 

part of it for any purpose (including without limitation for 
the purpose of error correction);

(2) create derivative works based on the Product, or cause the 

whole or any part of the Product to be combined with or 
incorporated into any other program, file or product, for 
any purpose; or

(3) use the Software to create files in any format (other than 

temporary files created and required by your computer’s 
operating system or web browser), including without 
limitation screen capture files, files generated from the 
Software’s playback, graphics files and print files, for any 
purpose, except for creating MIDI files (if permitted by the 
Software) for private non-commercial use.

2.4

You shall not, and shall not cause or permit any third party to, 
decompile, decode, disassemble or reverse engineer the 
Software in whole or in part for any purpose.

2.5

You shall not, and shall not cause any third party to, translate, 
convert, decode or reverse engineer any file capable of being 
read by any copy or version of the Software or any data 
transmitted to or from any copy or version of the Software, in 
whole or in part for any purpose.

2.6

The Product or any part of it must not be used to infringe any 
right of copyright or right of privacy, publicity or personality or 
any other right whatsoever of any other person or entity.

3.

Copyright

3.1

You acknowledge that copyright in the Product as a whole and 
in the components of the Product as between you and the 
Licensor belongs to the Licensor or its licensors and is 
protected by copyright laws, national and international, and all 
other applicable laws.

4.

Disclaimer of Liability

4.1

In consideration of the fact that the Product is licensed 
hereunder free of charge, (a) the Licensor disclaims any and all 
warranties with respect to the Product, whether expressed or 
implied, including without limitation any warranties that the 
Product is free from defects, will perform in accordance with 
the Documentation, is merchantable, or is fit for any particular 
purpose, and (b) the Licensor shall not have or incur any 
liability to you for any loss, cost, expense or claim (including 
without limitation any liability for loss or corruption of data 
and loss of profits, revenue or goodwill and any type of special, 
indirect or consequential loss) that may arise out of or in 
connection with your installation and use of the Product.

5.

Termination

5.1

This License shall terminate automatically upon your 
destruction of the Product. In addition, the Licensor may elect 
to terminate this License in the event of a material breach by 
you of any condition of this License or of any of your 
representations, warranties, covenants or obligations hereunder. 
Upon notification of such termination by the Licensor, you will 
immediately delete the Software from your computer and 
destroy the Documentation.

6.

Miscellaneous

6.1

No failure to exercise and no delay in exercising on the part of 
the Licensor of any right, power or privilege arising hereunder 
shall operate as a waiver thereof, nor shall any single or partial 
exercise of any right, power or privilege preclude any other or 
further exercise thereof or the exercise of any other right, power 
or privilege. The rights and remedies of the Licensor in 
connection herewith are not exclusive of any rights or remedies 
provided by law.

6.2

You may not distribute, loan, lease, sub-license, rent or 
otherwise transfer the Product to any third party.

6.3

You agree to the use of your personal data in accordance with 
the Licensor’s privacy policy (available from the Licensor or on 
www.sibelius.com), which may change from time to time.

6.4

This License is intended by the parties hereto to be a final 
expression of their agreement with respect to the subject matter 
hereof and a complete and exclusive statement of the terms of 
such agreement. This License supercedes any and all prior 
understandings, whether written or oral, between you and the 
Licensor relating to the subject matter hereof.

6.5

(This section only applies if you are resident in the European 
Union:) This License shall be construed and governed by the 
laws of England, and both parties agree to submit to the 
exclusive jurisdiction of the English courts.

6.6

(This section only applies if you are not resident in the 
European Union:) This License shall be construed and enforced 
in accordance with and governed by the laws of the State of 
California. Any suit, action or proceeding arising out of or in 
any way related or connected to this License shall be brought 
and maintained only in the United States District Court for the 
Northern District of California, sitting in the City of San 
Francisco. Each party irrevocably submits to the jurisdiction of 
such federal court over any such suit, action or proceeding. 
Each party knowingly, voluntarily and irrevocably waives trial 
by jury in any suit, action or proceeding (including any 
counterclaim), whether at law or in equity, arising out of or in 
any way related or connected to this License or the subject 
matter hereof.

(License v5.0 (DMN), 30 July 2007)