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I am having a licensing dilemma for a VST-based MIDI synthesizer that is not being sold anymore. What to do?

  
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I am having a licensing dilemma for a VST-based MIDI synthesizer that is not being sold anymore. What to do?

Postby ear » Sat Jul 28, 2012 2:18 am

I have obtained a copy of the Roland Virtual Sound Canvas VST from an updater package that Roland (the copyright holder) supplied for the VST-based synthesizer and did not go through any warez sites or anything that I know is wrong by extracting the VST plugin DLL from the updater's InstallShield CAB files through ISCabVU. This synthesizer used to be sold under their Edirol division but is no longer sold anywhere anymore, not even on eBay, so I'd take it that the company is having the synthesizer fenced in for themselves with nothing better to do. I did accept a license agreement that said that I could use the software on my computer before I could even download the package but I don't know if that license agreement implies that I have to already own a license for the Virtual Sound Canvas VSTi complete with product box, manual and CDs. Here is the license agreement:


[ROLAND SOFTWARE LICENSE AGREEMENT]

This is a legal agreement between you (an individual or a
corporation) and Roland Corporation (herein referred to as "Roland")
regarding the usage of this software product (herein referred to as
"SOFTWARE").
Please read carefully the terms of this License Agreement before
installing or using the SOFTWARE. By installing, copying, or
starting the use of the SOFTWARE, you hereby consent to the terms of
this License Agreement.

1. GRANT OF LICENSE
Roland grants you the following non-exclusive rights to use the
SOFTWARE in accordance with the terms of this License Agreement.
(a) You may only use the SOFTWARE on a specific single computer at
one time. Use of the SOFTWARE shall include loading the SOFTWARE
into temporary memory (i.e., RAM) or installing the SOFTWARE
into storage media (i.e., hard disk) of the computer on which
you will use the SOFTWARE.
(b) You may make one copy of the SOFTWARE for backup purposes only
(on floppy disk, magneto optical disk, DAT or the similar
media), but you are prohibited to make any other copy.

2. COPYRIGHT
The SOFTWARE and its copyrights are the property of Roland and are
protected by all international copyright laws and treaties.
Therefore, you must treat the SOFTWARE like any other copyrighted
material (i.e., a book or a CD). All rights that are not provided
for herein are reserved by Roland.

3. OTHER RESTRICTIONS
(a) You shall not modify, change, reverse engineer, decompile, or
disassemble the SOFTWARE and the copyright notice and
copyrighted logo.
(b) You shall not loan, rent, lease, sublicense or transfer the
SOFTWARE, whole or a part, to any third party. But you may
permanently transfer the SOFTWARE and accompanying printed
materials provided you retain no copies of the Software and
recipient agrees to the terms of this License Agreement. If the
SOFTWARE has been updated or upgraded, any transfer of the
SOFTWARE must include the most recent update and all prior
versions.
(c) If this SOFTWARE contains multiple types of media (such as
floppy disks and CD-ROM) and these media contain the same
software, you may use only the one form of media that is
appropriate for your computer. You shall not use the remaining
form(s) of media on another computer.
(d) You may not use the Software from multiple locations of a multi-
user or networked system at any time.

4. NO WARRANTY
Roland makes no warranty, either expressed or implied, with respect
to any of the software, including, without limitation,
merchantability or fitness for a particular purpose.

5. NO LIABILITY
In no event shall Roland be liable to end-users for any damages
whatsoever, including but not limited to financial damages for loss
of business profits or business information arising from the use of,
or inability to use this product. The foregoing provision is
effective even if Roland has been advised of the possibility of such
damages. Even if the SOFTWARE has any material, verifiable, and
reproducible program errors, Roland shall have no liability to
modify such errors.

6. TERMINATION OF THE LICENSE
Roland reserves the right to terminate this License Agreement if you
fail to comply with any of the terms of this License Agreement. Upon
such termination, you shall immediately stop using the SOFTWARE.

7. GENERAL
(a) Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall be ineffective to the
extent of such prohibition or unenforceability without
affecting, impairing or invalidating the remaining provisions
hereof.
(b) This License Agreement shall be governed by and construed in
accordance with the laws of State of California without
reference to the principles of conflicts of laws.

Therefore, is my copying and use legal? If not, how can I make my own MIDI sound generator an
ear
 
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Joined: Fri Apr 01, 2011 3:05 am
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