# Disclaimer and Limitation of Liability

## 1. Use at your own risk

P12 Librarian (the "Software") reads and writes data on a hardware synthesizer over MIDI System Exclusive (SysEx). Writing, initializing, renaming or copying programs replaces the data stored in the affected memory locations of the synthesizer. Defects in the Software, the computer, the operating system, USB or MIDI drivers, cables or interfaces, the synthesizer's firmware, interruptions of power or communication, or incorrect use can cause programs, banks, settings or other data on the synthesizer or the computer to be overwritten, corrupted or permanently lost, and may leave the instrument in a state that requires a factory reset, a firmware reinstallation or service. You use the Software entirely at your own risk.

## 2. No warranty

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPATIBILITY AND NONINFRINGEMENT. The author does not warrant that the Software is free of errors, that it works with any particular synthesizer, operating system version or MIDI interface, or that its safety features (including automatic backups, read-back verification and confirmation prompts) will work, prevent data loss, or allow lost data to be recovered.

## 3. Your responsibility

Before using the Software, you are responsible for making and checking your own complete backups of all data on your synthesizer by means that do not depend on the Software. You alone decide whether and how to use the Software and are solely responsible for the results.

## 4. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTHOR, COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OR CORRUPTION OF DATA, PROGRAMS, SOUNDS OR SETTINGS, DAMAGE TO OR MALFUNCTION OF EQUIPMENT, COSTS OF REPAIR, RECOVERY OR REPLACEMENT, LOSS OF USE, LOSS OF PROFITS OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE SOFTWARE OR ITS USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

## 5. Mandatory law and severability

Some jurisdictions do not allow certain warranties to be excluded or certain liability to be limited. In those jurisdictions the exclusions and limitations above apply to the fullest extent permitted by law, and nothing in this disclaimer limits liability that cannot lawfully be limited. If any provision of this disclaimer is held invalid or unenforceable, the remaining provisions remain in full force and effect.

## 6. Free of charge, non-commercial

The Software is provided free of charge, outside of any commercial activity, under the MIT License that comes with it (LICENSE). This disclaimer applies in addition to that licence. Copies built or distributed by others are not provided by the author.

## 7. No affiliation

The Software is an independent project. It is not made, endorsed, supported or approved by Sequential LLC or Dave Smith Instruments. Prophet 12 is a trademark of its owner. Do not contact the manufacturer for support with the Software.

## 8. Acceptance

By installing, running or otherwise using the Software you agree to this disclaimer. If you do not agree, do not install or use the Software.