User Manual

Yamaha Sound System Simulator Y-S
3
Owner’s Manual V3.1
3
4. 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 provided “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 WARRANTIES 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 CORRECTED.
5. 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.
6. 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.
7. 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.