Yamaha POCKETRAK 2G Owners Manual - Page 36

Connecting to a Computer • The encryption of data received by means of the SOFTWARE may not be removed nor may the electronic 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 terminated. If any copyright law or provisions of this Agreement 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 warrants that the tangible media on which the SOFTWARE is recorded will be free from defects in materials and workmanship 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 TANGIBLE MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 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, 36 POCKETRAK 2G Owner's Manual BUT WITHOUT LIMITING THE FOREGOING, YAMAHA DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, 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 contract, 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 principles 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 SOFTWARE and any accompanying written materials and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding the subject 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.