Yamaha MW10 - Handbuch (Seite 28)

SOFTWARE LICENSE AGREEMENT
MW10 Owner's Manual 28
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,
INDIRECT, 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 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. THIRD PARTY SOFTWARE
Third party software and data (“THIRD PARTY SOFTWARE”) may be attached to the SOFTWARE. If, in the written materials or the electronic
data accompanying the Software, Yamaha identifies any software and data as THIRD PARTY SOFTWARE, you acknowledge and agree that you
must abide by the provisions of any Agreement provided with the THIRD PARTY SOFTWARE and that the party providing the THIRD PARTY
SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any
way for the THIRD PARTY SOFTWARE or your use thereof.
• Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL
IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE.
• Yamaha shall not provide you with any service or maintenance as to the THIRD PARTY SOFTWARE.
• Yamaha is not liable to you or any other person for any damages, including, without limitation, any direct, indirect, incidental or
consequential damages, expenses, lost profits, lost data or other damages arising out of the use, misuse or inability to use the THIRD
PARTY SOFTWARE.
8. 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.
9. 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, 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 representative of
Yamaha.
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