including, without limitation, the development, design, manufacture, or
production of nuclear, missile, or chemical or biological weapons.
5 U.S. GOVERNMENT RESTRICTED RIGHTS
The Program and Documentations are “commercial computer software”
and “commercial computer software documentation” 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 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 Corporation, 1-1 Shin-Ogura,
Saiwai-ku, Kawasaki-shi, Kanagawa-Ken, 212-0031 Japan
6 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.
7 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 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 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
1 Limitation of Liability. In no event will Pioneer 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 pro-
curement, 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 for the Program. The parties acknowl-
edge 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 would
not have provided the Program or entered into this Agreement.
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 limita-
tions or exclusions are permitted under the laws of the jurisdic-
tion 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 enforce-
ment, 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
will not 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’s prior written consent. Any pur-
ported 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 respec-
tive successors and assigns.
5 Entire Agreement. This Agreement constitutes the entire agree-
ment between the parties and supersedes all prior or contem-
poraneous agreements or representations, whether written or
oral, concerning its subject matter. This Agreement may not be
modified or amended without Pioneer’s prior and express written