6.2. Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 4 IS THE ONLY WARRANTY GIVEN BY CAKE-
WALK 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 PER-
FORMANCE 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.
7. LIMITATIONS ON REMEDIES. Cakewalk's liability in contract, tort or otherwise arising in connection with the Product shall not e xceed the pur-
chase 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 CONSEQUENTIAL DAMAGES SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
8. 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 Techni-
cal 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 Cakewalk, Inc.
9. 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 covered by this License Agreement.
10. MISCELLANEOUS.
10.1. 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.
10.2. 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.
10.3. Litigation Expenses. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the pre-
vailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and litigation expenses.
10.4. 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.
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 WRIT-
TEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CAKEWALK RELATING TO THE SUBJECT MATTER OF THIS
LICENSE AGREEMENT.
