Pioneer AVIC-N5 Introduction, Export LAW Assurances, Termination, S. Government END Users

Chapter

01Introduction

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.

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