efforts to correct any defects that are reported to it within the foregoing warranty period or (2) to refund the
full purchase price. Cakewalk does not warrant that the Product will be error free, nor that all program
errors will be corrected. In addition, Cakewalk makes no warranties if the failure of the Product results from
accident, abuse or misapplication. Outside the United States, these remedies are not available without
proof of purchase from an authorized international source. All requests for warranty assistance shall be
directed to Cakewalk at the following address:
Cakewalk
5 Cambridge Center
Cambridge, MA 02142 U.S.A.
617/441-7870
5.2. Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 4 IS THE
ONLY WARRANTY GIVEN BY CAKEWALK WITH RESPECT TO THE ENTIRE PRODUCT; CAKEWALK
MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE,
AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MER-
CHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CAKEWALK SHALL NOT BE HELD
RESPONSIBLE FOR THE PERFORMANCE OF THE PRODUCT NOR FOR ANY LIABILITY TO ANY
OTHER PARTY ARISING OUT OF USE OF THE PRODUCT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. LIMITATIONS ON REMEDIES. Cakewalk's liability in contract, tort or otherwise arising in connection
with the Product shall not exceed the purchase price of the Product. IN NO EVENT SHALL CAKEWALK BE
LIABLE FOR SPECIAL, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY
DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSI-
NESS) ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE PRODUCT,
EVEN IF CAKEWALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSE-
QUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are a government agency, you acknowledge that the
Product was developed at private expense and that the computer software component is provided to you
subject to RESTRICTED RIGHTS. The rights of the government regarding its use, duplication, reproduction
or disclosure by the Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the
rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and (c)(1) and (2) of the
Commercial Computer Software -- Restricted Rights clause at FAR 52.227-19. Contractor is Twelve Tone
Systems, Inc., d/b/a Cakewalk.
8. TERMINATION. This License Agreement will terminate immediately if you breach any of its terms. Upon
termination, you will be required promptly to return to Cakewalk or to destroy all copies of the Product cov-
ered by this License Agreement.
9. MISCELLANEOUS.
9.1. Governing Law. The terms of this License shall be construed in accordance with the substantive laws of
the United States and/or Commonwealth of Massachusetts, U.S.A.
9.2. No Waiver. The failure of either party to enforce any rights granted hereunder or to take any action
against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of future breaches.
9.3. Litigation Expenses. If any action is brought by either party to this Agreement against the other party
regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other
relief granted, reasonable attorneys' fees and litigation expenses.
9.4. Unenforceable Terms. Should any term of this License Agreement be declared void or unenforceable by
any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
9.5.Certain components of this software are the property of Progressive Networks and its suppliers. You are
not allowed to distribute these DLLs to others.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND
CAKEWALK WHICH SUPERSEDES ANY PROPOSALS, OR PRIOR AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CAKEWALK RELATING TO THE SUB-
JECT MATTER OF THIS LICENSE AGREEMENT.
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