4. SUPPORT AND UPDATE:
YAMAHA, YAMAHA's subsidiaries and affiliates, their
distributors and dealers are not responsible for maintaining or
helping you to use the SOFTWARE. No updates, bug-fixes or
support will be made available to you for the SOFTWARE.
5. DISCLAIMER OF WARRANTY:
5-1. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
5-2. IN NO EVENT SHALL YAMAHA, YAMAHA'S
SUBSIDIARIES AND AFFILIATES, THEIR
DISTRIBUTORS AND DEALERS BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING
WITHOUT LIMITATION, LOSS OF BUSINESS
PROFITS, LOSS OF BUSINESS INFORMATION,
LOSS OF BUSINESS INTERRUPTION OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES)
ARISING OUT OF THE SOFTWARE, USE THEREOF,
OR INABILITY TO USE THEREOF EVEN IF
YAMAHA, YAMAHA'S SUBSIDIARIES AND
AFFILIATES, THEIR DISTRIBUTORS OR DEALERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. 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 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
though 6 shall survive any termination or expiration
hereof.
7. SEVERABILITY:
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 lows of Japan without reference to the
principles of conflict of laws.
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