Yamaha KX61 Owner's Manual - Page 41

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1. Features

Copyrighted data, including but not limited to MIDI data for

songs, obtained by means of the SOFTWARE, are subject

to the following restrictions which you must observe.

Data received by means of the SOFTWARE may not be

used for any commercial purposes without permission of

the copyright owner.

Data received by means of the SOFTWARE may not be

duplicated, transferred, or distributed, or played back or

performed for listeners in public without permission of the

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

PERMITTED BY LAW, YAMAHA EXPRESSLY DISCLAIMS

ANY IMPLIED WARRANTIES ON THE TANGIBLE MEDIA,

INCLUDING THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR

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 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.

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

Cubase AI4 LICENSE AGREEMENT

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. 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 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.

Owner's Manual