Chapter
01
Introduction
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 SALES OR BUSINESS, EXPENDITURES, IN- VESTMENTS, OR COMMITMENTS IN CON- NECTION 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 AGGRE- GATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WAR- RANTY, NEGLIGENCE, STRICT LIABILITY, MIS- REPRESENTATION, 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 Canada except as authorized and as permitted by the laws and regulations of Canada. If the Software has been rightfully
obtained by you outside of Canada, you agree that you will not
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 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 Province of Ontario and the federal laws of Canada applicable therein. If any provision of this Agreement is declared invalid or unenforceable, the remain- ing provisions of this Agreement shall remain in full force and effect.
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