Pioneer AVIC-5201NEX Operation Manual page 116

QUALITY, ACCURACY, TITLE OR NON-
INFRINGEMENT, OR ANY WARRANTY THAT THE
PROGRAM MOBILE APPLICATION WILL OPERATE
UNINTERRUPTED OR ERROR-FREE.
5. EXCLUSION AND LIMITATION OF LIABILITY
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
prohibited by United States law, including, without
limitation, the development, design, manufacture,
or production of nuclear, missile, or chemical or
biological weapons.
7. U.S. GOVERNMENT RESTRICTED RIGHTS
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 Shin-
Ogura, 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.
5
En