CAKEWALK Cakewalk SONAR, User Manual

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warranty assistance shall be directed to Cakewalk at the following address:
Cakewalk
268 Summer st.
Boston, MA 02210 U.S.A.
617 423-9004
5.2. 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 SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF NON-
INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CAKE-
WALK 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.
6. LIMITATIONS ON REMEDIES. Cakewalk's liability in contract, tort or otherwise arising in connec-
tion with the Product shall not exceed the purchase price of the Product. IN NO EVENT SHALL CAKE-
WALK BE LIABLE FOR SPECIAL, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES
(INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROF-
ITS 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 CONSE-
QUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
7. 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. Con-
tractor is Twelve Tone Systems, Inc., d/b/a Cakewalk.
8. TERMINATION. This License Agreement will terminate immediately if you breach any of its terms.
Upon termination, you will be required promptly to return to Cakewalk or to destroy all copies of the
Product covered by this License Agreement.
9. MISCELLANEOUS.
9.1. Governing Law. The terms of this License shall be construed in accordance with the substantive
laws of the United States and/or Commonwealth of Massachusetts, U.S.A.
9.2. No Waiver. The failure of either party to enforce any rights granted hereunder or to take any action
against the other party in the event of any breach hereunder shall not be deemed a waiver by that party
as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
9.3. Litigation Expenses. If any action is brought by either party to this Agreement against the other
party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to
any other relief granted, reasonable attorneys' fees and litigation expenses.
9.4. Unenforceable Terms. Should any term of this License Agreement be declared void or unenforceable
by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms
hereof.
9.5.Certain components of this software are the property of Progressive Networks and its suppliers. You
are not allowed to distribute these DLLs to others.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT
AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN
YOU AND CAKEWALK WHICH SUPERSEDES ANY PROPOSALS, OR PRIOR AGREEMENT, ORAL
OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CAKEWALK RELAT-
ING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.