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. 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 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 sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. 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 sha l 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 direct, 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.
Appears in 4 contracts
Samples: Software License Agreement, Software License Agreement, Usb Midi Driver
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 kind and INNERSPACE EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWAREWARRANTIES, EXPRESS, AND EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA INNERSPACE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN the SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE the SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE the SOFTWARE WILL BE CORRECTED. LIMITATION FURTHERMORE, INNERSPACE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF LIABILITY. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT THE USE OF THE the SOFTWARE UNDER THE TERMS HEREOF. IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU OR RELATED DOCUMENTATION [OR THAT the SOFTWARE WILL NOT INFRINGE ANY OTHER PERSON FOR ANY DAMAGESPATENT, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL COPYRIGHT OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA TRADEMARK OR OTHER DAMAGES ARISING OUT PROPRIETARY RIGHTS OF OTHERS]. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INNERSPACE OR A INNERSPACE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE USESCOPE OF THIS WARRANTY; SHOULD the SOFTWARE PROVE DEFECTIVE, MISUSE YOU (AND NOT INNERSPACE OR INABILITY TO USE A INNERSPACE AUTHORIZED REPRESENTATIVE) ASSUME THE SOFTWAREENTIRE COST OF ALL NECESSARY SERVICING, EVEN IF YAMAHA REPAIR OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. 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 sha l 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 direct, 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 SOFTWARECORRECTION.
Appears in 2 contracts
Samples: Licensing Agreement, Licensing Agreement (Innerspace Corp)
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE HEALTH CHOICE is at your sole risk. The SOFTWARE HEALTH CHOICE and related documentation are provided "AS IS" and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA kind and CHC EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWAREWARRANTIES, EXPRESS, AND EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA CHC DOES NOT WARRANT THAT THE SOFTWARE FUNCTIONS CONTAINED IN HEALTH CHOICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE HEALTH CHOICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE HEALTH CHOICE WILL BE CORRECTED. LIMITATION FURTHERMORE, CHC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF LIABILITY. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT THE USE OF THE SOFTWARE UNDER THE TERMS HEREOF. IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU HEALTH CHOICE OR RELATED DOCUMENTATION [OR THAT HEALTH CHOICE WILL NOT INFRINGE ANY OTHER PERSON FOR ANY DAMAGESPATENT, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL COPYRIGHT OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA TRADEMARK OR OTHER DAMAGES ARISING OUT PROPRIETARY RIGHTS OF OTHERS]. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHC OR A CHC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE USESCOPE OF THIS WARRANTY; SHOULD HEALTH CHOICE PROVE DEFECTIVE, MISUSE YOU (AND NOT CHC OR INABILITY TO USE A CHC AUTHORIZED REPRESENTATIVE) ASSUME THE SOFTWAREENTIRE COST OF ALL NECESSARY SERVICING, EVEN IF YAMAHA REPAIR OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. 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 sha l 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 direct, 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 SOFTWARECORRECTION.
Appears in 2 contracts
Samples: License Agreement (Carescience Inc), License Agreement (Carescience Inc)
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE Software and fonts is at your sole risk. The SOFTWARE and Software, related documentation and fonts are provided "“AS IS" ” and, and apart from ¶7 above, are without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENTkind and LS and LS’s Licensors (for the purposes of provisions 8 and 9 LS and LS’s Licensors shall be collectively referred to as “LS”) EXPRESSLY DISCLAIM ALL WARRANTIES, YAMAHA EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWAREORAL OR WRITTEN, EXPRESS, AND EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA LS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND FONTS WILL BE CORRECTED. LIMITATION FURTHERMORE, LS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF LIABILITY. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT THE USE OF THE SOFTWARE UNDER THE AND FONTS OR RELATED DOCUMENTATION IN TERMS HEREOFOF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU ORAL OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL WRITTEN INFORMATION OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE, EVEN IF YAMAHA ADVICE GIVEN BY LS OR AN LS AUTHORIZED DEALER HAS BEEN ADVISED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE POSSIBILITY SOFTWARE PROVE DEFECTIVE, YOU (AND NOT LS OR AN LS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF SUCH DAMAGESALL NECESSARY SERVICING, REPAIR OR CORRECTION. In no event sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. Yamaha sha l 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 direct, 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 SOFTWAREYOU.
Appears in 1 contract
Samples: Software License Agreement
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE Software is at your sole risk. The SOFTWARE Software and related documentation are provided "“AS IS" ” and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENTkind and SHARP and SHARP's Licensor(s) (for the purpose of provisions 7 and 8, YAMAHA SHARP and SHARP's Licensor(s) shall be collectively referred to as “SHARP”) EXPRESSLY DISCLAIMS DISCLAIM ALL WARRANTIES AS TO THE SOFTWAREWARRANTIES, EXPRESS, AND EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA SHARP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION FURTHERMORE, SHARP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF LIABILITY. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT THE USE OF THE SOFTWARE UNDER OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHARP OR A SHARP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE TERMS HEREOFSCOPE OF THIS WARRANTY. IN NO EVENT SHALL YAMAHA BE LIABLE TO SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SHARP OR ANY OTHER PERSON FOR ANY DAMAGESA SHARP AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, INCLUDINGREPAIR OR CORRECTION, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 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 sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. Yamaha sha l 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 direct, 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 SOFTWAREYOU.
Appears in 1 contract
Samples: Licensing Agreement
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE Software is at your sole risk. The SOFTWARE Software and related documentation are provided "AS IS" and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA kind and SOFTWARE PATENT CO EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWAREWARRANTIES, EXPRESS, EXPRESS AND IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA SOFTWARE PATENT CO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF LIABILITYTHE SOFTWARE IS ASSUMED BY YOU. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT FURTHERMORE, SOFTWARE PATENT CO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE UNDER OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOFTWARE PATENT CO OR SOFTWARE PATENT CO'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE TERMS HEREOFSCOPE OF THIS WARRANTY. IN NO EVENT SHALL YAMAHA BE LIABLE TO SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SOFTWARE PATENT CO OR ANY OTHER PERSON FOR ANY DAMAGESSOFTWARE PATENT CO'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL REPAIR OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 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 sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. Yamaha sha l 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 direct, 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 SOFTWAREYOU.
Appears in 1 contract
Samples: Shrink Wrap License
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE Software is at your sole risk. The SOFTWARE Software and related documentation are provided "AS IS" and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA kind and XXXXX EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWAREWARRANTIES, EXPRESS, EXPRESS AND IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA XXXXX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF LIABILITYTHE SOFTWARE IS ASSUMED BY YOU. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT FURTHERMORE, XXXXX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE UNDER OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENT NESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XXXXX OR XXXXX'X AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE TERMS HEREOFSCOPE OF THIS WARRANTY. IN NO EVENT SHALL YAMAHA BE LIABLE TO SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT XXXXX OR ANY OTHER PERSON FOR ANY DAMAGESXXXXX'X AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL REPAIR OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 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 sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. Yamaha sha l 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 direct, 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 SOFTWAREYOU.
Appears in 1 contract
Samples: Software License Agreement
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE Software is at your sole risk. The SOFTWARE Software and related documentation are provided "AS IS" and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA kind and ATI EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWAREWARRANTIES, EXPRESS, EXPRESS AND IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA ATI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF LIABILITYTHE SOFTWARE IS ASSUMED BY YOU. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT FURTHERMORE, ATI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE UNDER OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ATI OR ATI'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE TERMS HEREOFSCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ATI OR ATI'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU MEDICAL, LIFE SAVING OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 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 sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. Yamaha sha l 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 direct, 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 SOFTWAREYOU.
Appears in 1 contract
Samples: End User License Agreement
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE Software is at your sole risk. The SOFTWARE Software and related documentation are provided "“AS IS" ” and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWAREWARRANTIES, EXPRESS, EXPRESS AND IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-ERROR- FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF LIABILITYTHE SOFTWARE IS ASSUMED BY YOU. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE UNDER OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE TERMS HEREOFSCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU MEDICAL, LIFE SAVING OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 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 sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. Yamaha sha l 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 direct, 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 SOFTWAREYOU.
Appears in 1 contract
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE Software is at your sole risk. The SOFTWARE Software and related documentation are provided "“AS IS" ” and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWAREWARRANTIES, EXPRESS, EXPRESS AND IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, CONDITION, OWNERSHIP, FITNESS FOR A PARTICULAR PURPOSE AND NON-PURPOSE, AND/OR OF NON- INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND THOSE ARISING FROM CUSTOM OR TRADE OR COURSE OF USAGE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF LIABILITYTHE SOFTWARE IS ASSUMED BY YOU. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE UNDER OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE TERMS HEREOFSCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU MEDICAL, LIFE SAVING OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 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 sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED I MPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. Yamaha sha l 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 direct, 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 SOFTWAREYOU.
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Samples: License Agreement
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE Software is at your sole risk. The SOFTWARE Software and related documentation are provided "“AS IS" ” and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWAREWARRANTIES, EXPRESS, EXPRESS AND IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, CONDITION, OWNERSHIP, FITNESS FOR A PARTICULAR PURPOSE AND NON-PURPOSE, AND/OR OF NON- INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND THOSE ARISING FROM CUSTOM OR TRADE OR COURSE OF USAGE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF LIABILITYTHE SOFTWARE IS ASSUMED BY YOU. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE UNDER OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE TERMS HEREOFSCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU MEDICAL, LIFE SAVING OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 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 sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. Yamaha sha l 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 direct, 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 SOFTWAREYOU.
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Samples: End User License Agreement
Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the SOFTWARE Software is at your sole risk. The SOFTWARE Software and related documentation are provided "AS IS" and without warranty of any kind. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YAMAHA kind and QI EXPRESSLY DISCLAIMS ALL WARRANTIES AS TO THE SOFTWAREWARRANTIES, EXPRESS, EXPRESS AND IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTSPURPOSE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, YAMAHA QI DOES NOT WARRANT WARRANTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED UNINTURRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. LIMITATION THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF LIABILITYTHE SOFTWARE IS ASSUMED BY YOU. YAMAHA’S ENTIRE OBLIGATION HEREUNDER SHALL BE TO PERMIT FURTHERMORE, QI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE UNDER OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QI OR QI'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE TERMS HEREOFSCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT QI OR QI'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN NO EVENT SHALL YAMAHA BE LIABLE TO YOU MEDICAL, LIFE SAVING OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST DATA OR OTHER DAMAGES ARISING OUT LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 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 sha l Yamaha's total liability to you for a l damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid for the SOFTWARE. THIRD PARTY SOFTWARE. Third party software and data ("THIRD PARTY SOFTWARE") 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 SOFTWARE and that the party providing the THIRD PARTY SOFTWARE is responsible for any warranty or liability related to or arising from the THIRD PARTY SOFTWARE. Yamaha is not responsible in any way for the THIRD PARTY SOFTWARE or your use thereof. Yamaha provides no express warranties as to the THIRD PARTY SOFTWARE. IN ADDITION, YAMAHA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT SO THE ABOVE EXCLUSION MAY NOT LIMITED APPLY TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as to the THIRD PARTY SOFTWARE. Yamaha sha l 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 direct, 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 SOFTWAREYOU.
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