decon JW Smart Tune Operation Manual page 6

2 Installing and Uninstalling JW Smart Tune
YAMAHA PROVIDES THE SOFTWARE PRODUCT AS IS AND WITH ALL FAULTS, AND HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS
OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR
COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF
VIRUSES OR BUGS, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE
PRODUCT. IN ADDITION, YAMAHA HEREBY DISCLAIMS ANY WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-
INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT.
(6) LIMITATION OF LIABILITY AND REMEDIES
YOU HEREBY EXPRESSLY WAIVE ANY RIGHTS AGAINST YAMAHA AND/OR ANY YAMAHA
AFFILIATES FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL
INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH
OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR RELATED TO THE USE OF THE SOFTWARE PRODUCT
OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, UNDER
ANY THEORY OF TORT, CONTRACT, OR OTHERWISE.
(7) TERMINATION
Without prejudice to any other rights, Yamaha may terminate this Agreement if you fail to comply with the terms
and conditions of this Agreement. Upon such termination, you shall:
(1) Destroy, delete or return to Yamaha the Software Product and all its component parts and documents, in
accordance with Yamaha's request; and
(2) Make no claim or demand, for any reason whatsoever, against Yamaha for any remuneration, compensation,
reimbursement, or otherwise.
(8) MISCELLANEOUS
(A) Governing Law.
This Agreement shall be governed and interpreted exclusively by the substantive laws of Japan, without regard
to the principles of conflicts of law, and without regard to, and not including, the United Nations Convention on
Contracts for the International Sale of Goods.
(B) Governing Language.
This Agreement shall be executed in, and controlled in all respects by, the English language. Any translation of this
Agreement in other language than the English language is provided for your convenience only.
(C) Entire Agreement.
This Agreement (including any addendum or amendment to this Agreement) is the entire agreement between you
and Yamaha relating to the Software Product, and integrates, supersedes, merges, and cancels all previous and
contemporaneous agreements, proposals, representations, and commitments with respect to the Software Product
and any other subject matter covered by this Agreement.
(D) Severability.
If any provision of this Agreement is held invalid or unenforceable wholly or in part, the validity or enforceability
of the other provisions shall not be affected thereby. The invalid or unenforceable provision shall be deemed
replaced by such valid and enforceable provision which serves best the economic interest of the Parties originally
pursued by the invalid or unenforceable provision.
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