export or re-export, directly or indirectly, the SOFTWARE
in violation of any such laws and regulations.
4. SUPPORT AND UPDATE:
YAMAHA, YAMAHA's subsidiaries and affiliates,
their distributors and dealers are not responsible for
maintaining or helping you to use the SOFTWARE. No
updates, bug-fixes or support will be made available
to you for the SOFTWARE.
5. DISCLAIMER OF WARRANTY:
5-1. T H E S O F T WA R E I S P R O V I D E D “ A S I S ”
WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
5-2. IN NO EVENT SHALL YAMAHA, YAMAHA'S
SUBSIDIARIES AND AFFILIATES, THEIR
DISTRIBUTORS AND DEALERS BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, LOSS OF BUSINESS
PROFITS, LOSS OF BUSINESS INFORMATION,
LOSS OF BUSINESS INTERRUPTION OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES)
ARISING OUT OF THE SOFTWARE, USE
THEREOF, OR INABILITY TO USE THEREOF
EVEN IF YAMAHA, YAMAHA'S SUBSIDIARIES
AND AFFILIATES, THEIR DISTRIBUTORS OR
DEALERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
5-3. YAMAHA, YAMAHA'S SUBSIDIARIES AND
AFFILIATES, THEIR DISTRIBUTORS AND
DEALERS SHALL HAVE NO OBLIGATION TO
INDEMNIFY YOU AGAINST ANY CLAIM OR
SUIT BROUGHT BY A THIRD PARTY ALLEGING
THAT THE SOFTWARE OR USE THEREOF
INFRINGES ANY INTELLECTUAL PROPERTY OF
SUCH THIRD PARTY.
6. TERM:
6-1. This AGREEMENT becomes effective upon your
agreeing to the terms and conditions herein and
continues in effect unless or until terminated
in accordance with the provision of 6-2 or 6-3
herein.
6-2. You may terminate this AGREEMENT by deleting
the SOFTWARE installed into the PRODUCT.
6-3. This AGREEMENT will also terminate if you fail to
comply with any of the terms and conditions of
this AGREEMENT.
6-4. In case this AGREEMENT is terminated in
accordance with the provision 6-3, you shall
promptly delete the SOFTWARE.
6-5. Notwithstanding anything contains herein,
Sections 2 though 6 shall survive any termination
or expiration hereof.
7. SEPARABILITY:
In the event that any provision of this AGREEMENT is
declared or found to be illegal by any court or tribunal
of competent jurisdiction, such provision shall be null
and void with respect to the jurisdiction of that court
or tribunal and all the remaining provisions of this
AGREEMENT shall remain in full force and effect.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
NOTICE:
The Software is a “commercial item,” as that term is
defined at 48 C.F.R. 2.101 (Oct 1995), consisting of
“commercial computer software” and “commercial
computer software documentation,” as such terms
are used in 48 C.F.R. 12.212 (Sept 1995). Consistent
with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.72024 (June 1995), all U.S. Government End Users
shall acquire the Software with only those rights set
forth herein.
9. ACKNOWLEDGMENT:
You agree that this AGREEMENT is the complete and
exclusive statement of agreement between you and
YAMAHA concerning the subject matter hereof and
supersedes all proposals or prior agreements, verbal
or written, and any other communications between you
and the parties relating to the subject matter hereof.
NO amendment to this AGREEMENT shall be effective
unless signed by a duly authorized representative of
YAMAHA.
10. GOVERNING LAW:
This AGREEMENT shall be governed by and construed
in accordance with the laws of Japan without reference
to the principles of conflict of laws.
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