7.2. Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 7 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, MERCHANTABILITY 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.
LICENSE AGREEMENT 57
8. 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 BUSINESS) 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.
9. 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 Cakewalk, Inc.
10. 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.
11. Cakewalk Analytics
11.1 Cakewalk may collect information about the use of the Software via (“Cakewalk Analytics”), and use this data internally
to improve the product. Cakewalk Analytics is anonymous OR can be connected to your Cakewalk account. You may specify
whether or not to participate in Cakewalk Analytics at any time, by selecting the appropriate option in the Software
preferences at any time.
11.2 Further information about Cakewalk Analytics can be found at www.cakewalk.com/analytics.
12. MISCELLANEOUS.
12.1. 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.
12.2. 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.
12.3. 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.
12.4. 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 WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN YOU AND CAKEWALK RELATING TO THE SUBJECT MATTER OF THIS
LICENSE AGREEMENT.