Yamaha MW12 SOFTWARE LICENCING AGREEMENT

SOFTWARE LICENCING AGREEMENT

MW12 Owner’s Manual

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.

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.

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.

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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