POCKETRAK CX Owner’s Manual
29
4. LIMITED WARRANTY ON MEDIA
As to SOFTWARE sold on tangible media, Yamaha war-
rants that the tangible media on which the SOFTWARE is
recorded will be free from defects in materials and work-
manship 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 acci-
dent, abuse or misapplication. TO THE FULLEST EXTENT
PERMITTED BY LAW, YAMAHA EXPRESSLY DISCLAIMS
ANY IMPLIED WARRANTIES ON THE TANGIBLE MEDIA,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANT-
ABILITY AND FITNESS FOR A PARTICULAR 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 provided “AS IS”
and without warranty of any kind. NOTWITH-
STANDING 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 MER-
CHANTABILITY, FITNESS FOR A PARTICULAR PUR-
POSE 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 SOFT-
WARE WILL BE CORRECTED.
6. LIMITATION OF LIABILITY
YAMAHAÕS 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 DAM-
AGES ARISING OUT OF THE USE, MISUSE OR INABILITY
TO USE THE SOFTWARE, EVEN IF YAMAHA OR AN
AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSI-
BILITY 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. 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 understandings or agreements, writ-
ten or oral, regarding the subject matter of this Agree-
ment. No amendment or revision of this Agreement will
be binding unless in writing and signed by a fully autho-
rized representative of Yamaha.
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