Pioneer AVIC-7200NEX AVICSYNC Operation Manual - Page 5
Exclusion And Limitation Of Liability
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QUALITY, ACCURACY, TITLE OR NONINFRINGEMENT, OR ANY WARRANTY THAT THE PROGRAM MOBILE APPLICATION WILL OPERATE UNINTERRUPTED OR ERROR-FREE. prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. 5. EXCLUSION AND LIMITATION OF LIABILITY 7. U.S. GOVERNMENT RESTRICTED RIGHTS 5.1. In no event will Pioneer, its subsidiaries or its licensors be liable in connection with this Agreement or its subject matter, under any theory of liability, for any indirect, incidental, special, consequential or punitive damages, or damages for lost profits, revenue, business, savings, data, use, or cost of substitute procurement, even if advised of the possibility of such damages or if such damages are foreseeable. In no event will Pioneer's liability for all damages exceed the amounts actually paid by You to Pioneer or its subsidiaries under this Agreement. The parties acknowledge that the liability limits and risk allocation in this Agreement are reflected in the Mobile Application price and are essential elements of the bargain between the parties, without which Pioneer would not have provided the Mobile Application or entered into this Agreement. 5.2. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice Your statutory rights as consumer and shall apply to You only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located. 6. EXPORT CONTROL AND COMPLICANCE WITH LAWS AND REGULATIONS You may not use or otherwise export or re-export the Mobile Application except as authorized by United States law and the laws of the jurisdiction in which the Mobile Application was obtained. In particular, but without limitation, the Mobile Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Mobile Application You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Mobile Application for any purposes The Mobile Application is "commercial computer software" as those terms are defined in 48 C.F.R. §252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government's rights with respect to the Mobile Application is limited by this license pursuant to 48 C.F.R. § 12.212 (Computer software) (1995) and 48 C.F.R. §12.211 (Technical data) (1995) and/or 48 C.F.R. §227.7202-3, as applicable. As such, the Mobile Application is being licensed to the U.S. Government end users: (a) only as "commercial items" as that term is defined in 48 C.F.R. §2.101 generally and as incorporated in DFAR 212.102; and (b) with only those limited rights as are granted to the public pursuant to this license. Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to other users, as provided for in this license. Manufacturer is Pioneer Corporation, 1-1 ShinOgura, Saiwai-ku, Kawasaki-shi, Kanagawa-Ken, 212-0031 Japan 8. DAMAGES AND REMEDIES FOR BREACH You agree that any breach of this Agreement's restrictions would cause Pioneer irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Pioneer may be entitled, You agree that Pioneer may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement. 9. TERMINATION Pioneer may terminate this Agreement at any time upon Your breach of any provision. If this Agreement is terminated, You will stop using the Mobile Application and permanently delete it from the smart phone where it resides, and destroy all copies of the Mobile Application in Your possession, confirming to Pioneer in writing that You have done so. Sections 2.2, 2.3, 2.4, 4, 5, 6, 8, 9 and 10 will continue in effect after this Agreement's termination. En 5
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