Pioneer AVIC-D1 Owner's Manual - Page 4

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 INCOME, 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 ANY AND ALL CAUSES OF ACTION INDIVIDUALLY OR 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 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 Software has been rightfully obtained by you outside of the United States, you agree that you will not reexport 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 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. U.S. GOVERNMENT END USERS If the Software is being acquired by or on behalf 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 East220th 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 governed by and construed in accordance with the internal laws of the State of California. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. 2