Yamaha S70 S90 XS/S70 XS Editor Installation Guide - Page 2

5. 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. 6. THIRD PARTY SOFTWARE Third party software and data ("THIRD PARTY SOFTWARE") may be attached to the SOFTWARE. If, in the written materials or the electronic data accompanying the Software, Yamaha identifies any software and data as THIRD PARTY SOFTWARE, you acknowledge and agree that you must abide by the provisions of any Agreement provided with the THIRD PARTY SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. • Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. • Yamaha shall not provide you with any service or maintenance as to the THIRD PARTY SOFTWARE. • Yamaha is not 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 THIRD PARTY 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. Special Notices • The software and this Installation Guide are the exclusive copyrights of Yamaha Corporation. • Please read carefully the Software Licensing Agreement at the front of this Installation Guide before installing the application. • Copying of the software or reproduction of this Installation Guide in whole or in part by any means is expressly forbidden without the written consent of the manufacturer. • Yamaha makes no representations or warranties with regard to the use of the software and documentation and cannot be held responsible for the results of the use of this Installation Guide and the software. • Future upgrades of application and system software and any changes in specifications and functions will be announced at the following website. http://www.yamahasynth.com/download/ • The screen displays as illustrated in this Installation Guide are for instructional purposes, and may appear somewhat different from the screens which appear on your computer. • Copying of the commercially available musical data including but not limited to MIDI data and/or audio data is strictly prohibited except for your personal use. • Windows is the registered trademarks of Microsoft® Corporation. • Apple and Macintosh are trademarks of Apple Inc., registered in the U.S. and other countries. • Steinberg and Cubase are the registered trademarks of Steinberg Media Technologies GmbH. • The company names and product names in this Installation Guide are the trademarks or registered trademarks of their respective companies. S90 XS/S70 XS Editor Installation Guide 2