Yamaha PocketrakCX - POCKETRAK CX 2 GB Digital Player Owner's Manual

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POCKETRAK CX Owner’s Manual 294. LIMITED WARRANTY ON MEDIAAs to SOFTWARE sold on tangible media, Yamaha war-rants that the tangible media on which the SOFTWARE isrecorded will be free from defects in materials and work-manship under normal use for a period of fourteen (14)days from the date of receipt, as evidenced by a copy ofthe receipt. Yamaha's entire liability and your exclusiveremedy will be replacement of the defective media if it isreturned to Yamaha or an authorized Yamaha dealerwithin fourteen days with a copy of the receipt. Yamaha isnot responsible for replacing media damaged by acci-dent, abuse or misapplication. TO THE FULLEST EXTENTPERMITTED BY LAW, YAMAHA EXPRESSLY DISCLAIMSANY IMPLIED WARRANTIES ON THE TANGIBLE MEDIA,INCLUDING THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.5. DISCLAIMER OF WARRANTY ON SOFTWAREYou expressly acknowledge and agree that use ofthe SOFTWARE is at your sole risk. The SOFTWAREand related documentation are provided “AS IS”and without warranty of any kind. NOTWITH-STANDING ANY OTHER PROVISION OF THISAGREEMENT, YAMAHA EXPRESSLY DISCLAIMSALL WARRANTIES AS TO THE SOFTWARE,EXPRESS, AND IMPLIED, INCLUDING BUT NOTLIMITED TO THE IMPLIED WARRANTIES OF MER-CHANTABILITY, FITNESS FOR A PARTICULAR PUR-POSE AND NON-INFRINGEMENT OF THIRDPARTY RIGHTS. SPECIFICALLY, BUT WITHOUTLIMITING THE FOREGOING, YAMAHA DOES NOTWARRANT THAT THE SOFTWARE WILL MEETYOUR REQUIREMENTS, THAT THE OPERATIONOF THE SOFTWARE WILL BE UNINTERRUPTED ORERROR-FREE, OR THAT DEFECTS IN THE SOFT-WARE WILL BE CORRECTED.6. LIMITATION OF LIABILITYYAMAHAÕS ENTIRE OBLIGATION HEREUNDER SHALL BETO PERMIT USE OF THE SOFTWARE UNDER THE TERMSHEREOF. IN NO EVENT SHALL YAMAHA BE LIABLE TOYOU OR ANY OTHER PERSON FOR ANY DAMAGES,INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDI-RECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAM-AGES ARISING OUT OF THE USE, MISUSE OR INABILITYTO USE THE SOFTWARE, EVEN IF YAMAHA OR ANAUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSI-BILITY OF SUCH DAMAGES. In no event shall Yamaha'stotal liability to you for all damages, losses and causes ofaction (whether in contract, tort or otherwise) exceed theamount paid for the SOFTWARE.7. GENERALThis Agreement shall be interpreted according to andgoverned by Japanese law without reference to principlesof conflict of laws. Any dispute or procedure shall beheard before the Tokyo District Court in Japan. If for anyreason a court of competent jurisdiction finds any portionof this Agreement to be unenforceable, the remainder ofthis Agreement shall continue in full force and effect.8. COMPLETE AGREEMENTThis Agreement constitutes the entire agreement betweenthe parties with respect to use of the SOFTWARE and anyaccompanying written materials and supersedes all prioror contemporaneous understandings or agreements, writ-ten or oral, regarding the subject matter of this Agree-ment. No amendment or revision of this Agreement willbe binding unless in writing and signed by a fully autho-rized representative of Yamaha.

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