Pioneer GMD1004 Software License Agreement: Understanding Your Rights

This document explains the End-User License Agreement (EULA) for Pioneer software, particularly relevant for users of products like the Pioneer Gmd1004 multimedia receiver. It’s crucial to understand these terms before installing or using Pioneer software. This agreement is a legal contract between you, the end-user, and Pioneer Corporation, outlining the conditions of software use. By using Pioneer software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this license.

Understanding the Pioneer Software License Agreement

Before proceeding with software installation or usage, especially for your Pioneer GMD1004 device, it is essential to carefully review and comprehend the terms of this End-User License Agreement. This agreement governs your legal rights to use the software provided by Pioneer.

Acceptance of Terms

By clicking the “Accept” button, installing, or using any part of the software, you are confirming your agreement to all terms and conditions outlined in this license. If you are not of legal age to enter into such agreements in your location, a parent or guardian must agree on your behalf. Pioneer software is not intended for use by children under 16. If you disagree with any part of this license, do not accept, install, or use the software.

Key Definitions in the License Agreement

To fully grasp the Pioneer Software License Agreement applicable to products like the Pioneer GMD1004, it’s important to understand the definitions of key terms used throughout the document:

Documentation: Refers to any written help content provided by Pioneer to assist users in operating the Software. This could include manuals, guides, or online resources related to your Pioneer GMD1004 software.
Software: Specifically means the firmware updates provided by Pioneer for use with your Pioneer product, such as the GMD1004 multimedia receiver. This software is essential for the proper functioning and updating of your device.
Product: Designates the Pioneer multimedia receiver model, like the GMD1004, for which this Software license is granted. This agreement is directly linked to the specific Pioneer hardware you own.
Licensor: Refers to any third-party who grants Pioneer the rights to use copyrighted material, trademarks, and intellectual property integrated into the Software. This acknowledges that Pioneer may incorporate technology from other companies in their software.

Scope of the Limited License Granted by Pioneer

Pioneer grants you a limited license to use the Software, which is crucial for operating your Pioneer GMD1004 device. This license is subject to specific restrictions:

Authorized Use: You are granted a non-exclusive, non-transferable, royalty-free license to install and use the Software solely with your Pioneer GMD1004 Product. This means the license is for your personal use with your device and cannot be transferred to others or other devices.
Restrictions: This license strictly limits your actions regarding the Software and Documentation.
- You are prohibited from copying the Software or Documentation, except as explicitly allowed within this License.
- Distribution, transfer, sublicensing, renting, leasing, lending, selling, or allowing third-party use of the Software is forbidden. The software is for your use only with your Pioneer GMD1004.
- Modification, reverse engineering, decompiling, disassembling, or reducing the Software to a human-perceivable form is not permitted, except to the extent explicitly allowed by law and only after notifying Pioneer in writing about such intended activities. This protects Pioneer’s intellectual property and software integrity for devices like the GMD1004.
Export Controls: Compliance with export laws is mandatory.
- You are obligated to adhere to United States law and the laws of your jurisdiction regarding the export or re-export of the Licensed Software or Documentation.
- Specifically, the Software cannot be exported or re-exported to U.S.-embargoed countries or to individuals or entities on restricted lists maintained by the U.S. government.
- By using the Software, you confirm that you are not located in any such restricted country or on any restricted list and will not use the Software for any purposes prohibited by United States law, including the development of weapons of mass destruction. This clause ensures legal compliance for Pioneer software users, including those using GMD1004 software updates.
Ownership: Pioneer retains all rights to the Software and Documentation.
- All rights, titles, and interests in the Software and Documentation, including intellectual property rights, remain with Pioneer and its Licensors.
- This license does not grant you any ownership of the Software or Documentation, only the limited right to use it as specified.
- Your rights are strictly limited to the license granted in section 2.1, with no implied rights extending beyond this scope. This reinforces that you are licensing the software for your Pioneer GMD1004, not owning it.
Restricted Rights Legend: For U.S. Government end users, specific conditions apply.
- The Software is considered “commercial computer software” under U.S. Federal Regulations.
- U.S. Government rights are limited by this License, ensuring they are no greater than those granted to the general public.
- The Software is licensed as a “Commercial Item” with limited rights as per this License. Pioneer Corporation in Japan is identified as the manufacturer. This section clarifies the legal standing of the software for government use.
Corrections and Support: Pioneer’s obligations regarding software updates and support are clarified.
- While Pioneer may choose to provide corrections to the Software, they are not obligated to do so.
- Pioneer is not obligated to provide support, maintenance, or updates for the Software or Documentation. This means users of Pioneer GMD1004 should understand that ongoing support and updates are not guaranteed under this license.

Disclaimer of Warranties: Software Provided “As Is”

Given that the Software is provided to you free of charge for use with products like the Pioneer GMD1004, it is crucial to understand the warranty limitations:

Pioneer provides a limited warranty, stating that the Software was developed and made available following standard industry practices for free software. However, beyond this limited assurance:

“AS IS” Provision: The Software is provided “AS IS AND WITH ALL FAULTS.” This means you accept the software in its current state, with any potential errors or shortcomings.
Disclaimer of Other Warranties: To the maximum extent permitted by law, Pioneer, its suppliers, and licensors disclaim all other warranties, whether express or implied. This includes warranties of:
- Merchantability: Warranty that the software is of acceptable quality for general purposes.
- Fitness for a Particular Purpose: Warranty that the software is suitable for your specific needs or intended use.
- Non-Infringement: Warranty that the software does not violate the intellectual property rights of others.
Use at Your Own Risk: You acknowledge and agree that you are using the Software at your own risk.

No Guarantee of Performance

Pioneer and its suppliers and licensors specifically do 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. This is important to note for Pioneer GMD1004 users integrating the device into various systems.

No Additional Warranties

No statements, whether written or oral, from Pioneer Group or any other parties, can be construed as warranties from Pioneer beyond what is explicitly stated in this license. “Pioneer Group” encompasses Pioneer, its subsidiaries, affiliates, and all related entities and representatives.

License Breach and Pioneer’s Rights

Understanding the consequences of breaching the license agreement is vital for users of Pioneer GMD1004 software.

You agree that any violation of the restrictions outlined in this License would cause irreparable harm to Pioneer. Financial compensation alone would not be sufficient to remedy such harm. Therefore, in the event of a breach, or potential breach, Pioneer is entitled to seek:

Injunctive Relief: Pioneer can pursue legal injunctions to prevent any actual, threatened, or continued violation of these License terms. This is in addition to seeking monetary damages and any other legal remedies available to Pioneer. This clause emphasizes the seriousness of license violations and Pioneer’s commitment to protecting their software rights, including software for products like GMD1004.

Modifications to This License Agreement

Pioneer reserves the right to modify this License at any time. This is a standard clause in software agreements and applies to the Pioneer GMD1004 software license as well.

Pioneer may change the terms of this License at its discretion. If changes are made, Pioneer will:

Provide advance notice of these modifications.
Indicate the effective date of the revised License. Notice of changes may be posted on Pioneer’s website or through other appropriate channels. Your continued use of the Pioneer GMD1004 Product after such notice constitutes your acceptance of the updated License. It is your responsibility to stay informed of any updates to this agreement.

Termination of the License

The Pioneer Software License, applicable to products like GMD1004, remains in effect until terminated.

Termination Options:

Your Termination: You may terminate this License at any time by destroying and deleting all copies of the Software and Documentation.
Pioneer’s Termination: Pioneer may terminate this License at any time if you breach any provision of the agreement.

Consequences of Termination:

Upon termination of the License, regardless of the reason:

You must cease all use of the Software and Documentation immediately.
You are required to destroy all copies of the Software and Documentation in your possession.
You must confirm to Pioneer that you have complied with these destruction requirements.

Clauses Surviving Termination:

Sections 2.2, 2.3, 3, 4, and 7 of the License will remain in effect even after the termination of this License. These sections pertain to restrictions on use, export controls, disclaimers of warranties, license breach consequences, and general terms. This ensures that certain key protections and obligations continue even after the license is no longer active.

General Terms Governing the License

The “General Terms” section of the Pioneer Software License outlines important legal and procedural aspects of the agreement, crucial for users of Pioneer GMD1004 software.

Governing Law: The jurisdiction whose laws will be used to interpret the agreement depends on your location.
- EEA Residents: Belgian law governs the License for residents of the European Economic Area.
- U.S. Residents: California law governs the License for residents of the United States.
- Canadian Residents: The laws of Ontario and Canadian federal law govern for residents of Canada.
- Residents Outside EEA, U.S., or Canada: Japanese law governs the License for residents in all other territories. This clause clarifies which legal system will be used to resolve any disputes, based on your residency.
Jurisdiction: Outlines dispute resolution processes.
- Amicable Resolution: Parties are expected to first attempt to resolve disputes arising from the License through good-faith efforts and amicable discussion.
- Arbitration (if no amicable settlement):
  - EEA Residents: Can choose to settle claims via binding arbitration.
  - Non-EEA Residents: Claims shall be settled by binding arbitration.
  - Arbitration Rules: Arbitration will be conducted under the International Chamber of Commerce rules, with three arbitrators.
  - Arbitration Location: Brussels (EEA residents), regional venues in the US and Canada, Tokyo (other territories).
  - Arbitration Award: The arbitration award will be final and binding, with reasoning provided.
- Court Jurisdiction (EEA/Canada):
  - EEA Residents (no arbitration agreement): Belgian courts have exclusive jurisdiction.
  - Canadian Residents (arbitration unenforceable): Courts in Toronto have exclusive jurisdiction. This section sets out the process for resolving legal disputes, prioritizing arbitration but providing court jurisdiction in specific cases.
Exclusion of Remedies: Limits Pioneer’s liability for certain types of damages.
- Maximum Extent Permitted by Law: To the fullest extent legally allowed, Pioneer Group and its suppliers/licensors are not liable for indirect, special, incidental, punitive, exemplary, or consequential damages. This includes lost data or economic loss arising from this License or your use/inability to use the Software.
- Exceptions: This exclusion does not apply in cases of Pioneer’s willful misconduct, gross negligence, or death/physical injury caused by Pioneer’s acts or omissions. This clause protects Pioneer from liability for many types of damages, with specific exceptions for serious misconduct or negligence.
Limitation of Liability: Caps the total financial liability of Pioneer.
- Maximum Extent Permitted by Law: To the fullest extent legally allowed, the total aggregate liability of Pioneer Group and its suppliers/licensors for all damages or claims related to this License or the Software/Product is limited.
- Liability Cap: The maximum liability is the greater of US$10.00 or the price paid for the Pioneer GMD1004 product for which the Software is provided.
- Cumulative Limitation: This liability limit is cumulative across all Pioneer Group entities and third-party suppliers/licensors. This clause sets a maximum financial limit on Pioneer’s liability, regardless of the circumstances, to a relatively small amount.
Your Specific Rights: Acknowledges that legal rights vary by jurisdiction.
- Jurisdictional Variations: Notes that some jurisdictions may not allow the exclusion of certain damages or limitations of liability.
- License Applicability: The exclusions and limitations in this License may not apply to you if prohibited by applicable law in your jurisdiction.
- Varying Rights: Your specific legal rights may differ based on your location. This section recognizes that consumer rights vary and that local laws may override some parts of this agreement.
Essential Purpose: Disclaimers, exclusions, and limitations apply even if remedies fail.
- Enforceability: Unless legally restricted, the disclaimers, exclusions, and limitations in this License are enforceable even if any remedy provided under the License fails to achieve its essential purpose. This clause reinforces the broad applicability of the liability limitations, even if the software causes significant issues.
Severability and Waiver: Ensures the rest of the agreement remains valid if parts are unenforceable.
- Severability: If any provision of this License is deemed illegal, invalid, or unenforceable, that provision will be modified to be enforceable to the maximum extent possible. If it cannot be enforced, it will be removed from the License, but the rest of the agreement will remain in full effect.
- No Waiver: Any failure to enforce a provision of this License or waiver of a breach does not constitute a waiver of future enforcement rights or any other provision. This protects the overall validity of the agreement even if some parts are deemed invalid or not enforced in specific instances.
No Assignment: Restricts your ability to transfer the License.
- Your Restriction: You are prohibited from assigning, selling, delegating, or transferring this License or any rights/obligations under it without Pioneer’s prior written consent.
- Pioneer’s Right to Assign: Pioneer is permitted to freely assign or transfer this License or any of its rights/obligations.
- Notice for User Impact: Pioneer will provide advance notice if an assignment or transfer impacts your guarantees. This clause prevents you from transferring your license to someone else, while allowing Pioneer to transfer the agreement as needed for business reasons, with a commitment to notify you if it affects your rights.
Entire Agreement: States that this License is the complete agreement.
- Complete Contract: This License constitutes the entire agreement between you and Pioneer regarding the Software and Documentation.
- No Modifications Except in Writing: The License can only be modified or amended by a prior and express written consent from Pioneer. No other actions, documents, customs, or usages can change or amend this License.
- “Including” Definition: The term “including” in this License means “including without limitation.” This clause clarifies that this document is the complete and final agreement, and any changes must be formally documented and agreed upon in writing by Pioneer.

Contact Information for Questions

For any questions or complaints regarding this License, especially as it pertains to your Pioneer GMD1004 software, you can contact Pioneer through the following channels:

Website: Visit Pioneer’s product support website: https://global.pioneer/en/product_support/support/
Postal Mail: Contact Pioneer at one of the listed addresses based on your region:
- Pioneer Corporation (Japan):
  Attn: Customer Support
  28-8, Honkomagome 2-Chome Bunkyo-Ku, Tokyo 113-0021, Japan
- Pioneer Electronics AsiaCentre Pte. Ltd. (Singapore):
  Attn: Service Centre
  2 Jalan Kilang Barat, #07-01 Singapore 159346
- Pioneer Europe NV (Belgium):
  Attn: Customer Support
  Haven 1087, Keetberglaan 1 9120 Melsele, Belgium
- Pioneer Electronics (USA) Inc. (USA):
  Attn: Service & Support
  970 W. 190th Street, Suite 360, Torrance, CA 90502 U.S.A.

Revised Date: Version 1.0: December 16, 2019

This revised explanation of the Pioneer End-User License Agreement aims to provide a clearer and more accessible understanding of the legal terms, particularly for users of products like the Pioneer GMD1004. Understanding this agreement is essential for ensuring you use Pioneer software in compliance with the defined terms and conditions.