Connecting to a Computer
POCKETRAK 2G Owner’s Manual
36
•
The encryption of data received by means of the SOFTWARE may
not be removed nor may the electronic watermark be modified
without permission of the copyright owner.
3. TERMINATION
This Agreement becomes effective on the day that you receive the
SOFTWARE and remains effective until terminated. If any copyright
law or provisions of this Agreement is violated, the Agreement shall
terminate automatically and immediately without notice from
Yamaha. Upon such termination, you must immediately destroy the
licensed SOFTWARE, any accompanying written documents and all
copies thereof.
4. LIMITED WARRANTY ON MEDIA
As to SOFTWARE sold on tangible media, Yamaha warrants that the
tangible media on which the SOFTWARE is recorded will be free from
defects in materials and workmanship under normal use for a period
of fourteen (14) days from the date of receipt, as evidenced by a copy
of the receipt. Yamaha’s entire liability and your exclusive remedy will
be replacement of the defective media if it is returned to Yamaha or
an authorized Yamaha dealer within fourteen days with a copy of the
receipt. Yamaha is not responsible for replacing media damaged by
accident, abuse or misapplication. TO THE FULLEST EXTENT PERMIT-
TED BY LAW, YAMAHA EXPRESSLY DISCLAIMS ANY IMPLIED WARRAN-
TIES ON THE TANGIBLE MEDIA, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICU-
LAR PURPOSE.
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 pro-
vided “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 WARRAN-
TIES 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 COR-
RECTED.
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, INDI-
RECT, 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 lia-
bility to you for all damages, losses and causes of action (whether in
contract, tort or otherwise) exceed the amount paid for the SOFT-
WARE.
7. GENERAL
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 understand-
ings 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 representa-
tive of Yamaha.
