52
(i.e., stand alone) in any way, including for use in sampling or sample playback units, or in any sound library product,
or in any radio or television broadcast, soundtrack, film or other commercial product in any media, whether the works
remain in their original form or are reformatted, mixed, filtered, re-synthesized or otherwise edited.
5. LICENSEE'S RESPONSIBILITIES FOR SELECTION AND USE OF THE PRODUCT. Cakewalk hopes the
Product will be useful to your business or personal endeavors. HOWEVER, CAKEWALK DOES NOT WARRANT
THE OPERATION OF THE PRODUCT OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
CONTAINED IN THE PRODUCT. You, and not Cakewalk, are responsible for all uses of the Product.
6. WARRANTY.
6.1. Limited Warranty. Subject to the other provisions in Articles 4 and 5 of this Agreement, Cakewalk warrants to
you, the original licensee, that the media on which the Product is recorded will be free of defects in material and work-
manship under normal use for a period of thirty (30) days from purchase, and that the Product will perform substan-
tially in accordance with the user guide for a period of thirty (30) days from purchase. Cakewalk's sole responsibility
under this warranty will be, at its option, (1) to use reasonable efforts to correct any defects that are reported to it
within the foregoing warranty period or (2) to refund the full purchase price. Cakewalk does not warrant that the
Product will be error free, nor that all program errors will be corrected. In addition, Cakewalk makes no warranties if
the failure of the Product results from accident, abuse or misapplication. Outside the United States, these remedies are
not available without proof of purchase from an authorized international source. All requests for warranty assistance
shall be directed to Cakewalk at the following address:
Cakewalk, 268 Summer Street, Boston, MA 02210 U.S.A. 617/423-9004
6.2. Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 4 IS THE ONLY
WARRANTY GIVEN BY CAKEWALK WITH RESPECT TO THE ENTIRE PRODUCT; CAKEWALK MAKES
NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND SPE-
CIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE. CAKEWALK SHALL NOT BE HELD RESPONSIBLE FOR THE
PERFORMANCE OF THE PRODUCT NOR FOR ANY LIABILITY TO ANY OTHER PARTY ARISING OUT OF
USE OF THE PRODUCT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATIONS ON REMEDIES. Cakewalk's liability in contract, tort or otherwise arising in connection with the
Product shall not exceed the purchase price of the Product. IN NO EVENT SHALL CAKEWALK BE LIABLE FOR
SPECIAL, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULT-
ING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF
OR IN CONNECTION WITH THE PERFORMANCE OF THE PRODUCT, EVEN IF CAKEWALK HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUEN-
TIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are a government agency, you acknowledge that the Product
was developed at private expense and that the computer software component is provided to you subject to
RESTRICTED RIGHTS. The rights of the government regarding its use, duplication, reproduction or disclosure by
the Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the rights in Technical Data and
Computer Software clause at DFARS 252.227-7013, and (c)(1) and (2) of the Commercial Computer Software --
Restricted Rights clause at FAR 52.227-19. Contractor is Cakewalk, Inc.
9. TERMINATION. This License Agreement will terminate immediately if you breach any of its terms. Upon termina-
tion, you will be required promptly to return to Cakewalk or to destroy all copies of the Product covered by this
License Agreement.
