This End-User License Agreement (“License”) is a crucial legal document that governs your use of Pioneer software. It’s essential to understand these terms, as they outline the agreement between you, the user, and Pioneer Corporation regarding the software you are utilizing, often in conjunction with Pioneer products like multimedia receivers. This document was last updated on December 16, 2019 (version 1.0).
Important: Read Before Proceeding
Before you click “accept” or install and use the software, please carefully read through this License Agreement. By clicking the acceptance button or proceeding with installation or use, you are confirming that:
- You have read this License.
- You fully understand its contents.
- You agree to be legally bound by all the terms and conditions outlined within.
If you are under the legal age of consent in your location, your parent or legal guardian must agree to these terms on your behalf before you can install or use the software. Pioneer’s software is not intended for use by children under the age of 16.
If you disagree with any part of this License, do not click “accept,” and do not install or use the software.
Key Definitions in this License
To ensure clarity, let’s define some key terms used throughout this agreement:
- Documentation: This refers to any written help content or manuals provided by Pioneer to assist you in using the Software effectively.
- Software: This specifically means the firmware update provided to you by Pioneer. This software is intended exclusively for use with your Pioneer Product(s).
- Product: This term denotes the Pioneer multimedia receiver model for which this Software license is granted.
- Licensor: This refers to any third-party entity that has licensed copyrights, trademarks, and other intellectual property rights related to content integrated into the Software.
Grant of Limited License
2.1 Authorized Use: Pioneer grants you a limited, non-exclusive, non-transferable, and royalty-free license. This license permits you to install and use the Software solely with your designated Pioneer Product(s). Think of this as permission to use the software, but with specific boundaries.
2.2 Restrictions: This license comes with important restrictions to protect Pioneer’s intellectual property. You are explicitly prohibited from:
- Copying or using the Software or Documentation in any way not explicitly allowed in this License.
- Distributing, transferring, sublicensing, renting, leasing, lending, selling, or allowing any third party to use the Software.
- Modifying, reverse engineering, decompiling, disassembling, or attempting to convert the Software into a human-readable format. The only exception is if local law expressly permits such actions, and even then, you must first notify Pioneer in writing about your intentions.
2.3 Export Controls: You must comply with all applicable export control laws. You are prohibited from exporting or re-exporting the Software or Documentation unless explicitly authorized by both United States law and the laws of your jurisdiction. Specifically, you cannot export or re-export the Software to:
- Any countries under U.S. embargo.
- Anyone listed 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 Software, you confirm that you are not located in any such restricted country or on any prohibited list. You also agree not to use the Software for any activities prohibited by United States law, including the development, design, manufacture, or production of weapons of mass destruction (nuclear, missile, chemical, or biological).
2.4 Ownership: Pioneer and its Licensors retain all rights, title, and interest in the Software and Documentation. This includes, but is not limited to, all patent, trademark, design, copyright, and other intellectual property rights. This License does not grant you any ownership of the Software or Documentation, only the limited usage rights specified in Section 2.1. You acknowledge that you are not acquiring any rights beyond this limited license.
2.5 Restricted Rights Legend: For U.S. government end users, the Software is classified as “commercial computer software” and “commercial computer software documentation” as defined in relevant U.S. federal regulations. The U.S. Government’s rights are limited to those granted to the public under this License. Under no circumstances will the U.S. Government receive greater rights than those granted to other users. Pioneer Corporation is identified as the manufacturer.
2.6 Corrections; No Support: While Pioneer may choose to release software corrections, they are not obligated to provide any corrections, support, maintenance, or updates for the Software or Documentation. The software is provided “as-is,” and ongoing support is not guaranteed.
Disclaimer of Warranties
Because the Software is provided to you free of charge, Pioneer offers a limited warranty. Pioneer warrants only that the Software has been developed and made available following standard industry practices for free software. In all other respects, the Software is provided “AS IS AND WITH ALL FAULTS,” and Pioneer disclaims all other warranties to the maximum extent permitted by law.
This means that Pioneer, its suppliers, and licensors do not provide any express or implied warranties, including but not limited to warranties of:
- Merchantability: That the software is of acceptable quality for general sale.
- Fitness for a Particular Purpose: That the software is suitable for your specific needs.
- Non-Infringement: That the software does not violate the intellectual property rights of others.
You use the Software entirely at your own risk.
Specifically, Pioneer does not warrant that:
- The Software will be completely error-free.
- Your use of the Software will be uninterrupted or error-free.
- The Software will perfectly meet all of your requirements.
- The Software will be compatible with your chosen hardware or software configurations.
No statements, whether written or oral, made by Pioneer Group or any other party, will constitute warranties from Pioneer. “Pioneer Group” includes Pioneer, its subsidiaries, affiliates, and their respective owners, directors, officers, employees, agents, suppliers, distributors, dealers, licensors, and representatives.
License Breach and Pioneer’s Remedies
You acknowledge that any violation of the restrictions within this License would cause irreparable harm to Pioneer. Monetary damages alone would not be sufficient to compensate Pioneer for such a breach. Therefore, in addition to seeking financial compensation, Pioneer is entitled to seek injunctive relief. This means Pioneer can ask a court to order you to stop any actual, threatened, or ongoing violation of these License terms.
License Modifications
Pioneer reserves the right to modify this License at any time. Pioneer will notify you of any changes and the effective date by posting a notice on their website or through other appropriate channels. Your continued use of the Product(s) after such notice constitutes your agreement to the updated License. It’s important to check for updates periodically.
Termination of the License
This License remains in effect until terminated.
Your Termination Rights: You can terminate this License at any time by destroying and deleting all copies of the Software and Documentation in your possession.
Pioneer’s Termination Rights: Pioneer can terminate this License immediately if you breach any provision of this agreement.
Consequences of Termination: Upon termination, you must cease all use of the Software and Documentation and destroy all copies. You may be required to confirm to Pioneer in writing that you have done so. Certain sections of this License, specifically 2.2, 2.3, 3, 4, and 7, will remain in effect even after termination.
General Legal Terms
7.1 Governing Law: The governing law of this License depends on your location:
- European Economic Area (EEA) residents: Belgian law governs.
- United States residents: Laws of the State of California, U.S.A. govern.
- Canadian residents: Laws of the Province of Ontario and federal laws of Canada govern.
- Residents outside EEA, United States, or Canada: Japanese law governs.
7.2 Jurisdiction and Dispute Resolution: Pioneer aims to resolve disputes amicably.
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Amicable Resolution: Parties agree to make a good-faith effort to resolve any disputes arising from this License through informal negotiation.
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Arbitration (EEA and Non-EEA): If amicable settlement fails, residents of EEA member states and territories outside EEA, US, or Canada may choose to resolve claims through binding arbitration under the rules of the International Chamber of Commerce. Arbitration involves a neutral third party resolving the dispute.
- EEA Arbitration Venue: Brussels, Belgium (English language).
- US Arbitration Venues: New York, New York; Dallas, Texas; or Los Angeles County, California.
- Canada Arbitration Venues: Vancouver, BC, Toronto, ON, or Quebec, QC.
- Other Territories Arbitration Venue: Tokyo, Japan.
- Arbitration awards are final and binding.
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Court Jurisdiction (EEA and Canada):
- EEA: If arbitration is not chosen, Belgian courts have exclusive jurisdiction.
- Canada: If arbitration is unenforceable, courts in Toronto have exclusive jurisdiction (unless prohibited by law).
7.3 Exclusion of Remedies: To the maximum extent legally permitted, Pioneer Group and its suppliers/licensors are not liable for certain types of damages, except in cases of Pioneer’s willful misconduct, gross negligence, or user death/physical injury resulting from Pioneer’s actions or omissions. This exclusion includes indirect, special, incidental, punitive, exemplary, or consequential damages (such as lost data or economic loss) arising from this License or your use (or inability to use) the Software. This applies even if Pioneer was aware of the possibility of such damages.
7.4 Limitation of Liability: To the maximum extent legally permitted, the total liability of Pioneer Group and its suppliers/licensors for any damages or claims related to this License or the Software is limited to the greater of US$10.00 or the price you paid for the Pioneer Product associated with the Software. This limitation is cumulative across all claims.
7.5 Your Specific Rights: Some jurisdictions may not allow the exclusion or limitation of certain damages or liabilities. Therefore, some of the above exclusions or limitations may not apply to you depending on your local laws. Your legal rights can vary by jurisdiction.
7.6 Essential Purpose: Unless restricted by applicable law, the disclaimers, exclusions, and limitations in this License apply even if any remedy fails to achieve its fundamental purpose.
7.7 Severability and Waiver: If any part of this License is deemed illegal, invalid, or unenforceable, that part will be enforced to the maximum extent possible or removed from the License. The remaining provisions will still be valid and enforceable. Failure to enforce any provision of this License does not constitute a waiver of future enforcement.
7.8 No Assignment: You cannot transfer or assign this License or any rights or obligations under it without Pioneer’s prior written consent. Pioneer, however, can freely assign or transfer this License, but will provide advance notice if it affects your guarantees.
7.9 Entire Agreement: This License constitutes the complete agreement between you and Pioneer regarding the Software and Documentation. It can only be modified in writing with Pioneer’s express written consent. No other actions, documents, customs, or usage can amend or modify this License. “Including” means “including without limitation.”
8. Contact Information
If you have any questions or complaints about this License, you can contact Pioneer through their website or by mail at the following addresses:
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Pioneer Corporation (Japan):
- Attn: Customer Support
- 28-8, Honkomagome 2-Chome Bunkyo-Ku, Tokyo 113-0021, Japan
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Pioneer Electronics AsiaCentre Pte. Ltd. (Singapore):
- Attn: Service Centre
- 2 Jalan Kilang Barat, #07-01 Singapore 159346
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Pioneer Europe NV (Belgium):
- Attn: Customer Support
- Haven 1087, Keetberglaan 1 9120 Melsele, Belgium
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Pioneer Electronics (USA) Inc. (USA):
- Attn: Service & Support
- 970 W. 190th Street, Suite 360, Torrance, CA 90502 U.S.A.
Revised: Version 1.0: December 16, 2019
Note regarding “Pioneer Traxmix”: While this article is optimized for search engines and provides a comprehensive overview of the Pioneer Software License Agreement, it’s important to note that the term “pioneer traxmix” is not directly relevant to this legal document. “Pioneer traxmix” may refer to a specific product or technology within the Pioneer ecosystem, potentially related to DJ equipment or audio mixing. However, this End User License Agreement is a general legal framework applicable to various Pioneer software products and firmware updates, and therefore, focuses on broader legal terms and conditions related to software usage rather than specific product names like “pioneer traxmix.” For information about “pioneer traxmix” products, please refer to Pioneer’s product-specific websites and documentation.
