License agreement – Pioneer 2010 NAVIGATION UPGRADE SD-CARD CNSD-130FM User Manual

Page 11

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3

LIMITATION OF LIABILITY

IN NO EVENT SHALL PIONEER BE LIABLE
FOR ANY DAMAGES, CLAIM OR LOSS IN-
CURRED BY YOU (INCLUDING, WITHOUT LIM-
ITATION, COMPENSATORY, INCIDENTAL,
INDIRECT, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, LOST PROFITS, LOST
INCOME, LOST SALES OR BUSINESS, EXPEN-
DITURES, INVESTMENTS, OR COMMITMENTS
IN CONNECTION WITH ANY BUSINESS, LOSS
OF ANY GOODWILL, OR DAMAGES) RESULT-
ING FROM THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IF PIONEER HAS
BEEN INFORMED OF, KNEW OF, OR SHOULD
HAVE KNOWN OF THE LIKELIHOOD OF
SUCH DAMAGES. THIS LIMITATION APPLIES
TO ANY AND ALL CAUSES OF ACTION INDIVI-
DUALLY OR IN THE AGGREGATE, INCLUDING
WITHOUT LIMITATION BREACH OF CON-
TRACT, BREACH OF WARRANTY, NEGLI-
GENCE, STRICT LIABILITY,
MISREPRESENTATION, AND OTHER TORTS.
IF PIONEER

’S WARRANTY DISCLAIMER OR

LIMITATION OF LIABILITY SET FORTH IN THIS
AGREEMENT SHALL OR FOR ANY REASON
WHATSOEVER BE HELD UNENFORCEABLE
OR INAPPLICABLE, YOU AGREE THAT
PIONEER

’S LIABILITY SHALL NOT EXCEED

FIFTY PERCENT (50%) OF THE PRICE PAID BY
YOU FOR THE ENCLOSED PIONEER PRO-
DUCT.
Some states do not allow the exclusion or lim-
itation of incidental or consequential da-
mages, so the above limitation or exclusion
may not apply to you. This warranty disclaimer
and limitation of liability shall not be applic-
able to the extent that they are prohibited by
any applicable federal, state or local law which
provides that such a disclaimer or limitation
cannot be waived or preempted.

4

EXPORT LAW ASSURANCES

You agree and certify that neither the Software
nor any other technical data received from
Pioneer, nor the direct product thereof, will be
exported outside the United States except as
authorized and as permitted by the laws and

regulations of the United States. If the Soft-
ware has been rightfully obtained by you out-
side of the United States, you agree that you
will not re-export the Software nor any other
technical data received from Pioneer, nor the
direct product thereof, except as permitted by
the laws and regulations of the United States
and the laws and regulations of the jurisdic-
tion in which you obtained the Software.

5

TERMINATION

This Agreement is effective until terminated.
You may terminate it at any time by destroying
the Software. The Agreement also will termi-
nate if you do not comply with any terms or
conditions of this Agreement. Upon such ter-
mination, you agree to destroy the Software.

6

U.S. GOVERNMENT END USERS

If the Software is being acquired by or on be-
half of the United States government or any
other entity seeking or applying rights similar
to those customarily claimed by the United
States government, the Data is licensed with
“Limited Rights”. Utilization of the Software is
subject to the restrictions specified in the
“Rights in Technical Data” clause at DFARS
252.227-7013, or the equivalent clause for non-
defense agencies. Pioneer Electronics (USA)
Inc., 2265 East 220th Street, Long Beach, CA
90810.

7

MISCELLANEOUS

This is the entire Agreement between Pioneer
and you regarding its subject matter. No
change in this Agreement shall be effective
unless agreed to in writing by Pioneer. Pioneer
retailers do not have the authority to change
this Agreement. This Agreement shall be gov-
erned by and construed in accordance with
the internal laws of the State of California. If
any provision of this Agreement is declared in-
valid or unenforceable, the remaining provi-
sions of this Agreement shall remain in full
force and effect.

En

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Chapter

02

License

agr

eement

License agreement

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