5
3. LIMITATION OF LIABILITY
IN NO EVENT SHALL PIONEER BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS
INCURRED BY YOU (INCLUDING, WITHOUT LIMITATION, COMPENSATORY,
INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAM-
AGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVEST-
MENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF
ANY GOODWILL, OR DAMAGES) RESULTING FROM THE USE OF OR INABILITY
TO USE THE SOFTWARE, EVEN IF PIONEER HAS BEEN INFORMED OF, KNEW OF,
OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUD-
ING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IF
PIONEER’S WARRANTY DISCLAIMER OR LIMITATION OF LIABILITY SET FORTH
IN THIS AGREEMENT SHALL OR FOR ANY REASON WHATSOEVER BE HELD
UNENFORCEABLE 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 limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you. This warranty disclaimer and lim-
itation of liability shall not be applicable to the extent that any provision of this warranty is
prohibited by any federal, state or local law which cannot be preempted.
4. EXPORT LAW ASSURANCES
You agree and certify that neither the Software nor any other technical data received from
Pioneer, 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 per-
mitted 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 con-
ditions 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. 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 Agree-
ment shall remain in full force and effect.