229
(a) (1) (2007) and 252.227-
7014 (a) (5) (2007). The U.S. Government’s rights with respect to
the Program and Documentations are 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 Program and Documentations are 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 DJ Corporation, 6F, Yokohama-i-Mark
Place 4-4-5, Minatomirai, Nishi-ku, Yokohama, Kanagawa 220-0012 Japan.
6. DAMAGES AND REMEDIES FOR BREACH
You agree that any breach of this Agreement’s restrictions would cause Pioneer DJ
irreparable harm for which money damages alone would be inadequate. In addition to
damages and any other remedies to which Pioneer DJ may be entitled, You agree that
Pioneer DJ may seek injunctive relief to prevent the actual, threatened or continued breach of
this Agreement.
7. TERMINATION
Pioneer DJ may terminate this Agreement at any time upon Your breach of any provision. If
this Agreement is terminated, You will stop using the Program, permanently delete it from
your computer or mobile device where it resides, and destroy all copies of the Program and
Documentation in Your possession, confirming to Pioneer DJ in writing that You have done
so. Sections 2.2, 2.3, 2.4, 3, 4, 5, 6, 7 and 8 will continue in effect after this Agreement’s
termination.
8. GENERAL TERMS
8.1 Limitation of Liability. In no event will Pioneer DJ or its subsidiaries 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 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
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