Yamaha 2G Connecting to a Computer, POCKETRAK 2G Owners Manual

Connecting to a ComputerPOCKETRAK 2G Owner’s Manual

• The encryption of data received by means of the SOFTWARE may

not be removed nor may the electronic watermark be modiﬁed

without permission of the copyright owner.

3. TERMINATION

This Agreement becomes effective on the day that you receive the

SOFTWARE and remains effective until terminated. If any copyright

law or provisions of this Agreement is violated, the Agreement shall

terminate automatically and immediately without notice from

Yamaha. Upon such termination, you must immediately destroy the

licensed SOFTWARE, any accompanying written documents and all

copies thereof.

4. LIMITED WARRANTY ON MEDIA

As to SOFTWARE sold on tangible media, Yamaha warrants that the

tangible media on which the SOFTWARE is recorded will be free from

defects in materials and workmanship 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

accident, abuse or misapplication. TO THE FULLEST EXTENT PERMIT-

TED BY LAW, YAMAHA EXPRESSLY DISCLAIMS ANY IMPLIED WARRAN-

TIES ON THE TANGIBLE MEDIA, INCLUDING THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICU-

LAR 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 pro-

vided “AS IS” and without warranty of any kind. NOTWITHSTANDING

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 WARRAN-

TIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE

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 SOFTWARE WILL BE COR-

RECTED.

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, INDI-

RECT, 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 lia-

bility to you for all damages, losses and causes of action (whether in

contract, tort or otherwise) exceed the amount paid for the SOFT-

WARE.

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 understand-

ings 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 representa-

tive of Yamaha.