Steinberg CI1 Operation Manual page 22

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 WARRAN-
TIES AS TO THE SOFTWARE, EXPRESS, AND IM-
PLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FIT-
NESS FOR A PARTICULAR PURPOSE AND NON-IN-
FRINGEMENT OF THIRD PARTY RIGHTS.
SPECIFICALLY, BUT WITHOUT LIMITING THE
FOREGOING, YAMAHA DOES NOT WARRANT THAT
THE SOFTWARE WILL MEET YOUR REQUIRE-
MENTS, THAT THE OPERATION OF THE SOFT-
WARE 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 UN-
DER THE TERMS HEREOF. IN NO EVENT SHALL
YAMAHA BE LIABLE TO YOU OR ANY OTHER PER-
SON FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST
PROFITS, LOST DATA OR OTHER DAMAGES ARIS-
ING OUT OF THE USE, MISUSE OR INABILITY TO
USE THE SOFTWARE, EVEN IF YAMAHA OR AN AU-
THORIZED 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 other-
wise) exceed the amount paid for the SOFTWARE.
7. THIRD PARTY SOFTWARE
Third party software and data ("THIRD PARTY SOFT-
WARE") 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 SOFT-
WARE and that the party providing the THIRD PARTY
SOFTWARE is responsible for any warranty or liability
related to or arising from the THIRD PARTY SOFT-
WARE. Yamaha is not responsible in any way for the
THIRD PARTY SOFTWARE or your use thereof.
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CI1 Operation Manual
• 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 di-
rect, 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.
8. GENERAL
This Agreement shall be interpreted according to and
governed by Japanese law without reference to princi-
ples 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.
9. COMPLETE AGREEMENT
This Agreement constitutes the entire agreement be-
tween the parties with respect to use of the SOFT-
WARE and any accompanying written materials and
supersedes all prior or contemporaneous understand-
ings or agreements, written or oral, regarding the sub-
ject 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.