Additional information
129
En
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 DJ’s
liability for all damages exceed the amounts actually paid by You to
Pioneer DJ or its subsidiaries for the Program. The parties
acknowledge that the liability limits and risk allocation in this
Agreement are reflected in the Program price and are essential
elements of the bargain between the parties, without which Pioneer
DJ wouldn’t have provided the Program or entered into this
Agreement.
2 The limitations or exclusions of warranties and liability contained in
this Agreement don’t 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.
3 Severability and Waiver. If any provision of this Agreement is held
to be illegal, invalid or otherwise unenforceable, that provision will
be enforced to the extent possible or, if incapable of enforcement,
deemed to be severed and deleted from this Agreement, and the
remainder will continue in full force and effect. The waiver by either
party of any default or breach of this Agreement won’t waive any
other or subsequent default or breach.
4 No Assignment. You may not assign, sell, transfer, delegate or
otherwise dispose of this Agreement or any rights or obligations
under it, whether voluntarily or involuntarily, by operation of law or
otherwise, without Pioneer DJ’s prior written consent. Any
purported assignment, transfer or delegation by You will be null and
void. Subject to the foregoing, this Agreement will be binding upon
and will inure to the benefit of the parties and their respective
successors and assigns.
