This End User License Agreement (“License”) is a crucial legal document that governs your use of Pioneer software. It’s an agreement between you, the end-user, and Pioneer Corporation, outlining the terms and conditions under which you can utilize their software. This document, last revised on December 16, 2019 (version 1.0), is as legally binding as a signed, negotiated agreement. Before you proceed to use Pioneer software, particularly in relation to products perhaps like the hypothetical “Pioneer 12” multimedia receiver, it’s essential to understand the terms laid out in this license.
Accepting the Terms
By clicking the acceptance button, installing, or using any part of the software, you are acknowledging that you have read, understood, and agreed to be bound by the terms and conditions of this License. This is a significant step, legally committing you to the agreement. If you are not of legal age to agree to these terms in your location, a parent or guardian must agree on your behalf. Pioneer explicitly states that their software is not intended for use by children under 16. If you disagree with any part of this License, you must not click the acceptance button, install, or use the software.
Key Definitions
To fully grasp the License, understanding the defined terms is critical:
- Documentation: Refers to any written help content provided by Pioneer to assist you in using the Software.
- Software: Specifically means the firmware update provided by Pioneer for use with their Products.
- Product: Denotes the multimedia receiver model, distributed and sold by Pioneer, for which this Software license is granted. While not explicitly mentioned as “pioneer 12”, it’s important to understand that the software is tied to specific Pioneer products.
- Licensor: This refers to any third party who licenses intellectual property rights (copyrights, trademarks, etc.) related to content within the Software.
Scope of the Limited License
Pioneer grants you a Limited License, which is:
- Authorized Use: You are permitted to install and use the Software solely with the designated Pioneer Product(s).
- Non-exclusive: Others may also be granted licenses to the same Software.
- Non-transferable: You cannot transfer this license to another person or entity.
- Royalty-free: You do not have to pay additional royalties for using the Software under the terms of this license.
However, this license comes with significant Restrictions:
- No Copying or Unauthorized Use: You are prohibited from copying or using the Software or Documentation except as explicitly allowed in the License.
- No Distribution: You cannot distribute, transfer, sublicense, rent, lease, lend, sell, or allow any third party to use the Software.
- No Reverse Engineering: Modifying, reverse engineering, decompiling, disassembling, or reducing the Software to a human-perceivable form is forbidden, except when explicitly permitted by applicable law and after notifying Pioneer in writing.
- Export Controls: You must comply with all applicable export and re-export laws, particularly those of the United States. The Software cannot be exported to embargoed countries or to individuals or entities on restricted lists. By using the Software, you warrant that you are not in such a country or on such a list and will not use the Software for prohibited purposes, including the development of weapons.
Ownership and Rights
Pioneer and its Licensor retain all rights, title, and interest in the Software and Documentation, including all intellectual property rights. This License does not grant you any ownership. Your rights are strictly limited to the license granted in section 2.1. Even if you are using the software for a “pioneer 12” related product, your rights are defined by this agreement.
Government End Users
For U.S. government end users, the Software is considered “commercial computer software.” The U.S. Government’s rights are limited by this License, ensuring they receive no greater rights than those granted to the general public. Pioneer Corporation is identified as the Manufacturer.
No Support or Guaranteed Corrections
While Pioneer may choose to release corrections to the Software, they are not obligated to provide any support, maintenance, or updates for the Software or Documentation. This is a crucial point, especially when considering long-term use with products like “pioneer 12” or similar devices.
Disclaimer of Warranties
As the Software is provided free of charge, Pioneer’s warranty is limited. They only warrant that the Software was developed and made available according to industry standards for free software. In all other respects, the Software is provided “AS IS” and “WITH ALL FAULTS.” Pioneer and its suppliers and licensors disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. You use the Software at your own risk.
Specifically, Pioneer does 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.
- The Software will operate with your chosen hardware or software configuration.
No statements, written or oral, from Pioneer Group or others constitute warranties from Pioneer. “Pioneer Group” includes Pioneer, its subsidiaries, affiliates, and their representatives.
Breach of License
Any violation of the restrictions in this License can cause irreparable harm to Pioneer. Pioneer is entitled to seek injunctive relief to prevent breaches, in addition to damages and other legal remedies.
License Modifications
Pioneer reserves the right to modify this License at any time. They will provide advance notice of changes and the effective date by posting a notice on their website or other appropriate means. Your continued use of the Product(s) after such notice signifies your agreement to the revised License.
Termination
The License remains effective until terminated. You can terminate it by destroying and deleting the Software and Documentation. Pioneer can terminate it if you breach any provision. Upon termination, you must cease using the Software and Documentation and destroy all copies, confirming this action to Pioneer. Certain sections (2.2, 2.3, 3, 4, and 7) remain in effect even after termination.
General Legal Terms
- Governing Law: The governing law depends on your residency: Belgian law for EEA residents, California law for US residents, Ontario and Canadian federal law for Canadian residents, and Japanese law for residents of other territories.
- Jurisdiction: Disputes should be resolved amicably. If not, arbitration is the default method for residents outside the EEA. EEA residents can choose arbitration. Arbitration rules and locations vary by residency. If arbitration is not pursued (for EEA residents) or enforceable (for Canadian residents), specific courts have exclusive jurisdiction.
- Exclusion of Remedies: To the maximum extent permitted by law, Pioneer Group is not liable for indirect, special, incidental, punitive, exemplary, or consequential damages, excluding cases of willful misconduct, gross negligence, or death/physical injury caused by Pioneer’s actions or omissions.
- Limitation of Liability: Pioneer Group’s aggregate liability is limited to US$10.00 or the price paid for the Pioneer product associated with the Software, whichever is greater, again excluding willful misconduct, gross negligence, or death/physical injury caused by Pioneer.
- Specific Rights: Your legal rights may vary by jurisdiction. These limitations may not apply to you where prohibited by law.
- Essential Purpose: Disclaimers, exclusions, and limitations apply even if any remedy fails its essential purpose, unless limited by law.
- Severability and Waiver: If any provision is unenforceable, it will be modified or removed without affecting the rest of the License. Waivers of breaches are not future waivers.
- No Assignment by You: You cannot transfer this License without Pioneer’s written consent. Pioneer can freely assign or transfer the License, providing notice if it impacts your guarantees.
- Entire Agreement: This License is the complete agreement, modifiable only by Pioneer’s written consent. No other actions or customs modify it. “Including” means “including without limitation.”
Contact Information
For questions or complaints, you can contact Pioneer through their website or by postal mail at the addresses provided for different regions (Japan, Singapore, Belgium, USA). This contact information is vital for addressing any concerns related to your “pioneer 12” or other Pioneer product software license.
This License is a legally binding agreement. Understanding its terms is essential for responsible and authorized use of Pioneer software, ensuring you are aware of your rights and obligations when using Pioneer products, potentially including devices in the “pioneer 12” product line or similar offerings.
