decon JW Smart Tune Operation Manual page 7

2 Installing and Uninstalling JW Smart Tune
(E) Arbitration.
Any disputes, controversies, and/or difficulties that may arise between the parties out of or in connection with this
Agreement shall be settled amicably between the parties. In the event such amicable settlement cannot be reached
within a reasonable time, such dispute shall be determined by arbitration to be held in Tokyo, Japan by the Japan
Commercial Arbitration Association pursuant to its arbitration rules. The arbitration panel shall consist of three
(3) arbitrators. The language to be used in all aspects of any such arbitration shall be the Japanese or English
language. The results of said arbitration shall be final and the arbitral award shall be binding upon the parties
hereto. Judgment upon the award may be entered into by any court having jurisdiction over the parties.
(F) Non-Waiver of Rights.
The failure of any party to enforce any provision of this Agreement shall not be construed as a waiver of such
provision or of the right of such party thereafter to enforce such provision. The exercise of the rights contained
herein shall be without prejudice to any other rights and remedies which the parties may have or acquire hereunder
or under the applicable laws and regulations.
(G) Compliance with Mandatory Law.
Nothing in this agreement shall limit any non-waivable right to the Software Product that you may enjoy under
mandatory law.
(H) Survival.
Each of the following provisions shall survive the termination of this Agreement: Article 4 ("Intellectual Property
Rights"); Article 5 ("Disclaimer of Warranties"); Article 6 ("Limitation of Liability and Remedies"); Article 7
("Termination"); Article 8 ("Miscellaneous"); and Article 9 ("Provisions for EU Users").
(9) Provisions for EU Users
Notwithstanding anything contained hereinabove, if you are located in the European Union, the following provision
shall apply:
(1) You may make one backup copy of the program included in the Software Product, provided, however, that you
may not copy the data, database and documents included in the Software Product. You may use your backup copy
only to reinstall the program in case of involuntary loss of or damage to the program, and you may not use your
backup copy for any other purposes. Your backup copy is subject to this Agreement.
(2) You may ask Yamaha in writing to provide the information necessary to achieve interoperability of the
Software Product with another software program. Any such information may only be used by you for the purpose
of achieving such interoperability and may not be used to create any software program which is substantially
similar to the expression of the Software Product or used in a manner that infringes Yamaha's or its licensors'
copyright and/or intellectual property right.
(3) In case Yamaha does not provide the information necessary to achieve interoperability of the Software
Product with another software program, you may decompile the Software Product, provided, however, that such
decompilation may only be done to the extent permitted by applicable law by you or someone else entitled to use
a copy of the Software Product on your behalf, and may not be done in a manner that infringes Yamaha's or its
licensors' copyright and/or intellectual property right. Yamaha may impose any other reasonable conditions with
respect to the provision of such information and/or the decompilation.
Article 6 shall not apply in case the damages are caused by intentional or extremely reckless conduct of Yamaha and/or
any Yamaha affiliates.
7