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3. EXPORT RESTRICTIONS:
You agree to comply with all applicable export control laws
and regulations of the country involved, and not to export or
re-export, directly or indirectly, the SOFTWARE in violation
of any such laws and regulations.
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. 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 lows of Japan without reference to the
principles of conflict of laws.
