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SOFTWARE LICENSE AGREEMENT
CP5/CP50 Owner’s Manual 61
Appendix
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 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. G E N E R A L
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.
61


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