User’s Guide
8. 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.
MACKIE DESIGNS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE OR USE. MACKIE DESIGNS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
FURTHERMORE, MACKIE DESIGNS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMA-
TION OR ADVICE GIVEN BY MACKIE DESIGNS OR A MACKIE DESIGNS AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU (AND NOT MACKIE DESIGNS OR ANY MACKIE DESIGNS AUTHO-
RIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR COR-
RECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL MACKIE DE-
SIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS OR EARNINGS, DAMAGE TO PROPERTY OR PERSON, OR ATTORNEYS’ FEES
THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION,
EVEN IF MACKIE DESIGNS OR A MACKIE DESIGNS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLU-
SION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MACKIE DESIGNS’ TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTACT, TORT (INCLUDING NEG-
LIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
10. Controlling Law and Severability.
This License shall be governed by and construed in accordance with the
laws of the United States and the State of Washington, as applied to agreements entered into and to be performed
entirely within Washington between Washington residents. If for any reason a court of competent jurisdiction
fi nds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be
enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the
License shall continue in full force and effect.
11. Complete Agreement.
This License constitutes the entire agreement between the parties with respect to the
use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or
agreements, written or oral, regarding such subject matter. No amendment to or modifi cation of this License will
be binding unless in writing and signed by a duly authorized representative of Mackie Designs.
Mackie Designs Inc. • 16220 Wood-Red Road NE • Woodinville, WA 98072 • USA
©2003 Mackie Designs Inc.
All Rights Reserved.
