operate a service bureau or for any other use involving the processing of data for other
persons or entities.
Pioneer and its licensor(s) shall retain all copy- right, trade secret, patent and other
proprietary ownership rights in the Software. The Software is copyrighted and may not
be copied, even if modified or merged with other products. You shall not alter or remove
any copyright notice or proprietary legend contained in or on the Software.
You may transfer all of your licence rights in the Software, the related documentation
and a copy of this Licence Agreement to another party, provided that the party reads and
agrees to accept the terms and conditions of this Licence Agreement.
2. DISCLAIMER OF WARRANTY
The Software and related documentation are provided to you ?AS IS?. PIONEER AND
ITS LICENSOR(S) (for the purpose of provisions 2 and 3, Pioneer and its licensor(s)
shall be collectively referred to as ?Pioneer?) MAKES AND YOU RECEIVE NO
WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE
EXPRESSLY EXCLUDED. SOME STATES DO NOT ALLOW EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
The Software is complex and may contain some nonconformities, defects or errors.
Pioneer does not warrant that the Software will meet your needs or expectations, that
operation of the Software will be error free or uninterrupted, or that all non-conformities
can or will be corrected. Furthermore, Pioneer does not make any representations or
warranties regarding the use or results of the use of the Software in terms of its accuracy,
reliability or otherwise.
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 DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS,
EXPENDITURES, INVESTMENTS, 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, INCLUDING
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 limitation 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.
8 English |
ACEC
PIONEER
