English
Appendix
SWR2310-28GT SWR2310-18GT SWR2310-10G
41
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5-3. YAMAHA, YAMAHA’S SUBSIDIARIES AND AFFILIATES, THEIR DISTRIBUTORS AND
DEALERS SHALL HAVE NO OBLIGATION TO INDEMNIFY YOU AGAINST ANY CLAIM
OR SUIT BROUGHT BY A THIRD PARTY ALLEGING THAT THE SOFTWARE OR USE
THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF SUCH THIRD PARTY.
6.
TERM:
6-1. This AGREEMENT becomes effective upon your agreeing to the terms and conditions
herein and continues in effect unless or until terminated in accordance with the provision of
6-2 or 6-3 herein.
6-2. You may terminate this AGREEMENT by deleting the SOFTWARE installed into the
PRODUCT.
6-3. This AGREEMENT will also terminate if you fail to comply with any of the terms and
conditions of this AGREEMENT.
6-4. In case this AGREEMENT is terminated in accordance with the provision 6-3, you shall
promptly delete the SOFTWARE.
6-5. Notwithstanding anything contains herein, Sections 2 through 6 shall survive any
termination or expiration hereof.
7.
SEPARABILITY:
In the event that any provision of this AGREEMENT is declared or found to be illegal by any court
or tribunal of competent jurisdiction, such provision shall be null and void with respect to the
jurisdiction of that court or tribunal and all the remaining provisions of this AGREEMENT shall
remain in full force and effect.
8
.
U.S. GOVERNMENT RESTRICTED RIGHTS NOTICE:
The Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (Oct 1995),
consisting of “commercial computer software” and “commercial computer software
documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.72024 (June 1995), all U.S. Government
End Users shall acquire the Software with only those rights set forth herein.
9.
ACKNOWLEDGMENT:
You agree that this AGREEMENT is the complete and exclusive statement of agreement between
you and YAMAHA concerning the subject matter hereof and supersedes all proposals or prior
agreements, verbal or written, and any other communications between you and the parties
relating to the subject matter hereof. NO amendment to this AGREEMENT shall be effective
unless signed by a duly authorized representative of YAMAHA.
10.
GOVERNING LAW:
This AGREEMENT shall be governed by and construed in accordance with the laws of Japan
without reference to the principles of conflict of laws.
