Limitation Of Liability - Yamaha AUDIOGRAM6 Owner's Manual

2. RESTRICTIONS
• You may not engage in reverse engineering, dis-
assembly, decompilation or otherwise deriving a
source code form of the SOFTWARE by any
method whatsoever.
• You may not reproduce, modify, change, rent,
lease, or distribute the SOFTWARE in whole or in
part, or create derivative works of the SOFTWARE.
• You may not electronically transmit the SOFT-
WARE from one computer to another or share the
SOFTWARE in a network with other computers.
• You may not use the SOFTWARE to distribute ille-
gal data or data that violates public policy.
• You may not initiate services based on the use of
the SOFTWARE without permission by Yamaha
Corporation.
Copyrighted data, including but not limited to MIDI data
for songs, obtained by means of the SOFTWARE, are
subject to the following restrictions which you must
observe.
• Data received by means of the SOFTWARE may
not be used for any commercial purposes without
permission of the copyright owner.
• Data received by means of the SOFTWARE may
not be duplicated, transferred, or distributed, or
played back or performed for listeners in public
without permission of the copyright owner.
• The encryption of data received by means of the
SOFTWARE may not be removed nor may the elec-
tronic watermark be modified without permission of
the copyright owner.
3. TERMINATION
This Agreement becomes effective on the day that you
receive the SOFTWARE and remains effective until ter-
minated. If any copyright law or provisions of this Agree-
ment is violated, the Agreement shall terminate
automatically and immediately without notice from
Yamaha. Upon such termination, you must immediately
destroy the licensed SOFTWARE, any accompanying
written documents and all copies thereof.
4. LIMITED WARRANTY ON MEDIA
As to SOFTWARE sold on tangible media, Yamaha war-
rants that the tangible media on which the SOFTWARE is
recorded will be free from defects in materials and work-
manship under normal use for a period of fourteen (14)
days from the date of receipt, as evidenced by a copy of
the receipt. Yamaha's entire liability and your exclusive
remedy will be replacement of the defective media if it is
returned to Yamaha or an authorized Yamaha dealer
within fourteen days with a copy of the receipt. Yamaha
is not responsible for replacing media damaged by
accident, abuse or misapplication. TO THE FULLEST
EXTENT PERMITTED BY LAW, YAMAHA EXPRESSLY
DISCLAIMS ANY IMPLIED WARRANTIES ON THE TAN-
GIBLE MEDIA, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICU-
LAR PURPOSE.
5. DISCLAIMER OF WARRANTY ON
SOFTWARE
You expressly acknowledge and agree that use of the
SOFTWARE is at your sole risk. The SOFTWARE and
related documentation are provided "AS IS" and without
warranty of any kind. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, YAMAHA
EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE
SOFTWARE, EXPRESS, AND IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. SPECIFICALLY, BUT WITHOUT LIMIT-
ING THE FOREGOING, YAMAHA DOES NOT WARRANT
THAT THE SOFTWARE WILL MEET YOUR REQUIRE-
MENTS, THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

6. LIMITATION OF LIABILITY

YAMAHA'S ENTIRE OBLIGATION HEREUNDER SHALL
BE TO PERMIT USE OF THE SOFTWARE UNDER THE
TERMS HEREOF. IN NO EVENT SHALL YAMAHA BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY
DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EXPENSES, LOST PROFITS, LOST DATA
OR OTHER DAMAGES ARISING OUT OF THE USE,
MISUSE OR INABILITY TO USE THE SOFTWARE, EVEN
IF YAMAHA OR AN AUTHORIZED DEALER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Yamaha's total liability to you for all
damages, losses and causes of action (whether in con-
tract, tort or otherwise) exceed the amount paid for the
SOFTWARE.
7. GENERAL
This Agreement shall be interpreted according to and
governed by Japanese law without reference to princi-
ples of conflict of laws. Any dispute or procedure shall
be heard before the Tokyo District Court in Japan. If for
any reason a court of competent jurisdiction finds any
portion of this Agreement to be unenforceable, the
remainder of this Agreement shall continue in full force
and effect.
8. COMPLETE AGREEMENT
This Agreement constitutes the entire agreement
between the parties with respect to use of the SOFT-
WARE and any accompanying written materials and
supersedes all prior or contemporaneous understand-
ings or agreements, written or oral, regarding the sub-
ject matter of this Agreement. No amendment or revision
of this Agreement will be binding unless in writing and
signed by a fully authorized representative of Yamaha.
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