Pioneer CNDV-50MT - Manual (Page 4)

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3. LIMITATION OF LIABILITY
IN NO EVENT SHALL PIONEER BE LIABLE FOR
ANY DAMAGES, CLAIM OR LOSS INCURRED BY
YOU (INCLUDING, WITHOUT LIMITATION,
COMPENSATORY, INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, LOST PROFITS, LOST SALES OR
BUSINESS, EXPENDITURES, INVESTMENTS, OR
COMMITMENTS IN CONNECTION WITH ANY
BUSINESS, LOSS OF ANY GOODWILL, OR
DAMAGES) RESULTING 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 ALL CAUSES OF
ACTION IN THE AGGREGATE, INCLUDING
WITHOUT LIMITATION BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, 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 PRODUCT.
Some states do not allow the exclusion or
limitation of incidental or consequential
damages, so the above limitation or exclusion
may not apply to you. This warranty disclaimer
and limitation of liability shall not be applicable to
the extent that any provision of this warranty is
prohibited by any federal, state or local law which
cannot be 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 country or district (the
“Country”) governed by the government having
jurisdiction over you (the “Goverment”) except as
authorized and as permitted by the laws and
regulations of the Goverment. If the Software has
been rightfully obtained by you outside of the
Country, 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 Goverment and the laws and regulations of
the jurisdiction 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 terminate if
you do not comply with any terms or conditions of
this Agreement. Upon such termination, you
agree to destroy the Software.
6. 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. If any provision of
this Agreement is declared invalid or
unenforceable, the remaining provisions of this
Agreement shall remain in full force and effect.
MAN-CNDV-50MT-EN.book Page 2 Wednesday, May 4, 2005 1:49 PM