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End User License Agreement
This End-User License Agreement was last revised on December 16, 2019 (version 1.0).
THIS END USER LICENSE AGREEMENT (“LICENSE”) IS A LEGAL AGREEMENT BETWEEN YOU (BOTH THE INDIVIDUAL INSTALLING THE PROGRAM AND ANY SINGLE LEGAL ENTITY FOR WHICH THE INDIVIDUAL IS ACTING) (“YOU” OR “YOUR”) AND PIONEER CORPORATION, [0406.999.132 (PIONEER EUROPE NV)], LOCATED AT 28-8, HONKOMAGOME 2-CHOME, BUNKYO-KU, TOKYO 113-0021, JAPAN (“PIONEER,” “WE” OR “US”). YOU AGREE THAT THIS LICENSE IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS LICENSE APPLIES TO THE USE OF THE SOFTWARE AND DOCUMENTATION (DEFINED BELOW). PLEASE READ THIS LICENSE CAREFULLY.
DO NOT CLICK ON THE BUTTON BELOW THAT INDICATES YOU ACCEPT THIS LICENSE OR USE THE SOFTWARE UNTIL YOU HAVE READ AND AGREED TO BE BOUND BY THIS LICENSE.
YOU ARE ACKNOWLEDGING:
- THAT YOU HAVE READ THIS LICENSE,
- THAT YOU UNDERSTAND IT, AND
- THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE,
IF YOU
- CLICK THE ACCEPTANCE BUTTON ON THE ELECTRONIC VERSION OF THIS LICENSE, OR
- INSTALL OR USE ANY PART OF THE SOFTWARE.
IF YOU ARE NOT OLD ENOUGH UNDER THE LAWS OF YOUR LOCATION TO BE ABLE TO AGREE TO THESE TERMS, YOUR PARENT OR GUARDIAN MUST AGREE TO THESE TERMS FOR YOU BEFORE YOU INSTALL OR USE THE SOFTWARE. PIONEER DOES NOT INTEND OR KNOWINGLY PROVIDE THE SOFTWARE FOR USE BY CHILDREN UNDER 16.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT CLICK ON THE BUTTON BELOW THAT INDICATES THAT YOU ACCEPT THIS LICENSE AND DO NOT INSTALL OR USE ANY PART OF THE SOFTWARE.
1. DEFINITIONS 1.1 "Documentation" means written documentation help content made generally available by Pioneer to aid in using the Software. 1.2 "Software" means the firmware update provided to You by Pioneer solely for Your use with the Product(s). 1.3 "Product" means the multimedia receiver model distributed and sold by Pioneer for which the Software is licensed. 1.4 "Licensor" means the third party who licenses you to use copyrights, trademark rights and other intellectual property rights related to content, text, images, data, software, and information that are adopted in the Software.
2. LIMITED LICENSE
- 2.1 Authorized Use. Pioneer grants You a limited, non-exclusive, non-transferable, royalty-free license to install and use the Software solely with the Product(s).
- 2.2 Restrictions. You will not copy or use the Software or Documentation except as expressly permitted by this License. You will not distribute, transfer, sublicense, rent, lease, lend, sell, or otherwise allow any third party to use the Software. You will not modify, reverse engineer, decompile, disassemble, or otherwise reduce the Software to a human-perceivable form, except to the extent expressly permitted by applicable law, and then only after You have notified Pioneer in writing of Your intended activities.
- 2.3 Export Controls. You may not use or otherwise export or re-export the Licensed Software or Documentation except as authorized by United States law and the laws of the jurisdiction in which the Licensed Software or Documentation was obtained. In particular, but without limitation, the Licensed Software or Documentation 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 Licensed Software or Documentation, 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 Licensed Software or Documentation 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.
- 2.4 Ownership. You acknowledge any right, title or interest in the Software and Documentation, including but not limited to, patent, trademark, design, copyright or any other intellectual property rights, shall remain with Pioneer and/or its Licensor and no right, title or interest in the Software and Documentation is granted or transferred under this License, except for the right granted hereunder. You agree that You do not acquire any rights, express or implied, beyond the limited license in Section 2.1.
- 2.5 Restricted Rights Legend With respect to government end users in the United States, the Software is “commercial computer software” or “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 Software are limited by this License pursuant to FAR §§ 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable. As such, the Software is being licensed to the U.S. Government end users: (a) only as “Commercial Items” as that term is defined in FAR 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, 28-8, Honkomagome 2-chome, Bunkyo-ku, Tokyo, 113-0021 Japan.
- 2.6 Corrections; No Support While Pioneer may choose to make corrections to the Software available, Pioneer is not obligated to provide any such corrections or any support, maintenance or updates of the Software or Documentation.
3. DISCLAIMER OF WARRANTIES. SINCE THE SOFTWARE IS LICENSED FREE OF CHARGE TO YOU, PIONEER WARRANTS ONLY THAT THE SOFTWARE HAS BEEN DEVELOPED AND MADE AVAILABLE IN ACCORDANCE WITH THE USUAL STANDARDS IN THE INDUSTRY FOR FREE OF CHARGE SOFTWARE. IN ALL OTHER RESPECTS, THERE IS NO WARRANTY FOR THE SOFTWARE, AND THE SOFTWARE IS PROVIDED “AS IS AND WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PIONEER, ITS SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND YOU USE THE SOFTWARE AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, PIONEER AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT:
- THE SOFTWARE WILL BE ERROR-FREE,
- YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE,
- THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR
- THE SOFTWARE WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION YOU CHOOSE.
NO WRITTEN OR ORAL STATEMENTS BY PIONEER GROUP OR OTHERS WILL CONSTITUTE WARRANTIES OF PIONEER. “PIONEER GROUP” MEANS PIONEER AND ITS SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, DEALERS, LICENSORS AND OTHER REPRESENTATIVES.
4. LICENSE BREACH. You agree that any breach of the restrictions in this License 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 these License terms.
5. CHANGES TO THIS LICENSE. Pioneer may modify this License at any time. Pioneer will provide advance notice of the changes and the effective date by posting a notice on this site or by other appropriate means. Your use of the Product(s) after such notice will constitute Your agreement to the revised License.
6. TERMINATION. This License is effective until terminated. You may terminate this License at any time upon Your destruction and deletion the Software and Documentation. Pioneer may terminate this License at any time upon Your breach of any provision. If this License is terminated, you will stop using the Software and Documentation and destroy all copies in Your possession, confirming to Pioneer that You have done so. Sections 2.2, 2.3, 3, 4 and 7 will continue in effect after this License's termination.
7. GENERAL TERMS
- 7.1 Governing law. If You are a resident of any European Economic Area (EEA) member state, this License is governed by and will be construed in accordance with Belgian law. If You are a resident of the United States, this License is governed by and will be construed in accordance with the laws of the State of California, U.S.A. If You are a resident of Canada, this License is governed by and will be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada. If You are resident of any territory outside the EEA, United States, or Canada, this License is governed by and will be construed in accordance with the laws of Japan.
- 7.2 Jurisdiction. The parties will use good faith efforts to resolve amicably any dispute or controversy that may arise out of or in relation to or in connection with this License, or any breach hereof. In the event no amicable settlement can be reached, if You are a resident of an EEA member state, the parties can choose to finally settle all claims arising out of or relating to this License (including its formation, interpretation, applicability, enforceability, performance and breach) by binding arbitration. If You are a resident of a territory other than an EEA member state, all such claims shall be finally settled by binding arbitration as provided herein. If parties agree to settle claims by arbitration, such arbitration shall be conducted under the arbitration rules of the International Chamber of Commerce by three arbitrators designated in accordance with those rules. If You are a resident of an EEA member state, then the arbitration shall be held in Brussels, Belgium, in the English language. If You are a resident of the United States, then the arbitration shall be held in one of three regional venues (New York, New York; Dallas, Texas; or Los Angeles County, California). If You are a resident of Canada, the arbitration shall be held in one of three regional venues (Vancouver, BC, Toronto, ON, or Quebec, QC). If You are a resident of any other territory, then the arbitration shall be held in Tokyo, Japan. The award of arbitration will be final and binding upon other parties and will have the reasoning therein. For residents of EEA member states, in case the parties do not agree to settle claims through arbitration, the Belgian courts shall have exclusive jurisdiction to settle all claims arising out of or relating to this License (including its formation, interpretation, applicability, enforceability, performance and breach). For residents of Canada, if the arbitration provision is not enforceable, the parties submit to the exclusive jurisdiction of the courts located in the city of Toronto, unless otherwise prohibited by law.
- 7.3 EXCLUSION OF REMEDIES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT, EXCLUDING PIONEER’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR IN THE EVENT OF THE DEATH OR PHYSICAL INJURY OF THE USER AS A RESULT OF THE ACTS OR OMISSIONS OF PIONEER, WILL ANY OF PIONEER GROUP OR ITS THIRD PARTY SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST DATA OR ECONOMIC LOSS) ARISING OUT OF OR IN ANY WAY RELATING TO THIS LICENSE, INCLUDING YOUR USE OF OR INABILITY TO USE THE SOFTWARE REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED, EVEN IF PIONEER GROUP OR ITS THIRD-PARTY SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
- 7.4 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT UNDER ANY THEORY OF LIABILITY, EXCLUDING PIONEER’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR IN THE EVENT OF THE DEATH OR PHYSICAL INJURY OF THE USER AS A RESULT OF THE ACTS OR OMISSIONS OF PIONEER, WILL THE AGGREGATE LIABILITY OF PIONEER GROUP AND THE THIRD-PARTY SUPPLIERS AND LICENSORS FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO THIS LICENSE OR ITS SUBJECT MATTER OR ANY PRODUCT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED TEN US DOLLARS (US$10.00) OR THE PRICE PAID FOR THE PIONEER PRODUCT FOR WHICH THE SOFTWARE IS PROVIDED, WHICHEVER IS GREATER. PIONEER GROUP’S AND THE THIRD-PARTY SUPPLIERS’ AND LICENSORS’ LIMITATION ON LIABILITY IS CUMULATIVE, WITH ALL OF PIONEER GROUP’S AND THIRD-PARTY SUPPLIERS’ AND LICENSORS’ PAYMENTS IN SATISFACTION OF THEIR LIABILITIES BEING AGGREGATED TO DETERMINE SATISFACTION OF THIS LIMIT.
- 7.5. YOUR SPECIFIC RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS OR LIMITATIONS, TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MAY NOT APPLY TO YOU. YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.
- 7.6 ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE.
- 7.7 Severability and Waiver. If any provision of this License is held to be illegal, invalid or otherwise unenforceable, that provision will be enforced to the extent possible or, if incapable of enforcement, deemed to be severed and deleted from this License, and the remainder will continue in full force and effect. Any waiver of any breach or failure to enforce any provision of this License will not be deemed a future waiver of such term or a waiver of any other provision.
- 7.8 No Assignment. You may not assign, sell, delegate or otherwise transfer this License or any rights or obligations under it, without Pioneer's prior written consent. Pioneer may freely assign or transfer this License or any of its rights or obligations under it. Pioneer will, however, assign or transfer this License or any of its rights or obligations under this License with notice in advance if the assignment or transfer has an impact on your guarantees.
- 7.9 Entire Agreement. This License constitutes the entire agreement between You and Pioneer with respect to the Software and Documentation. This License may not be modified or amended without Pioneer's prior and express written consent, and no other act, document, usage or custom will be deemed to amend or modify this License. The term “including” means “including without limitation.”
8. CONTACT US. If You have any questions or complaints about this License, You may contact us by visiting https://global.pioneer/en/product_support/support/ or by postal mail at one of the following addresses:
- Pioneer Corporation
- Attn: Customer Support
- 28-8, Honkomagome 2-Chome Bunkyo-Ku, Tokyo 113-0021, Japan
- Pioneer Electronics AsiaCentre Pte. Ltd.
- Attn: Service Centre
- 2 Jalan Kilang Barat, #07-01 Singapore 159346
- Pioneer Europe NV
- Attn: Customer Support
- Haven 1087, Keetberglaan 1 9120 Melsele, Belgium
- Pioneer Electronics (USA) Inc.
- Attn: Service & Support
- 970 W. 190th Street, Suite 360, Torrance, CA 90502 U.S.A.
Revised: Version 1.0: December 16, 2019