4
3. LIMITATION OF LIABILITY
IN NO EVENT SHALL PIONEER BE LIABLE FOR
ANY DAMAGES, CLAIM OR LOSS INCURRED BY
YOU (INCLUDING, WITHOUT LIMITATION, COM-
PENSATORY, 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 DAM-
AGES) RESULTING FROM THE USE OF OR INA-
BILITY TO USE THE SOFTWARE, EVEN IF
PIONEER HAS BEEN INFORMED OF, KNEW OF,
OR SHOULD HAVE KNOWN OF THE LIKELI-
HOOD OF SUCH DAMAGES. THIS LIMITATION
APPLIES TO ANY AND ALL CAUSES OF ACTION
INDIVIDUALLY OR IN THE AGGREGATE, INCLUD-
ING WITHOUT LIMITATION BREACH OF CON-
TRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATION, AND
OTHER TORTS. IF PIONEER’S WARRANTY DIS-
CLAIMER OR LIMITATION OF LIABILITY SET
FORTH IN THIS AGREEMENT SHALL OR FOR
ANY REASON WHATSOEVER BE HELD UNEN-
FORCEABLE 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 limita-
tion 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 dis-
claimer 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 Pio-
neer, 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 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 Canada 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. 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 Agree-
ment. This Agreement shall be governed 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 remaining provisions of this Agreement shall
remain in full force and effect.
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