This End-User License Agreement (“License”) is a legally binding agreement between you, the end user, and Pioneer Electronics (USA) Inc. (“Pioneer,” “we,” or “us”). By proceeding with the installation or use of the software, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions outlined in this License. This agreement pertains to your use of the Pioneer software and accompanying documentation as defined below. Please carefully review this License in its entirety before accepting its terms or using the software.
Your acknowledgment signifies your agreement to the following:
- You have thoroughly read this License.
- You fully comprehend its terms and conditions.
- You willingly agree to be legally bound by all terms and conditions of this License.
This agreement becomes effective immediately upon your action of either:
- Clicking the “Accept” button associated with the electronic version of this License, or
- Installing or using any portion of the Software.
If you are legally considered a minor in your jurisdiction and lack the capacity to enter into this agreement, your parent or legal guardian must consent to these terms on your behalf before you install or use the Software. Pioneer Electronics Usa does not intend to, nor knowingly provide, the Software for use by children under the age of 16.
Should you disagree with any part of these terms and conditions, you must not click the “Accept” button and must refrain from installing or using the Software.
1. Definitions
To ensure clarity, the following terms shall have the meanings ascribed to them below:
1.1 “Documentation”: Refers to any written materials, help content, or guides provided by Pioneer Electronics USA to assist users in the effective operation of the Software.
1.2 “Software”: Specifically denotes the firmware update provided by Pioneer Electronics USA exclusively for use with designated Pioneer Products.
1.3 “Product”: Indicates the specific Pioneer multimedia receiver model for which this Software license is granted. These products are distributed and sold by Pioneer Electronics USA.
1.4 “Licensor”: Represents any third-party entity that grants Pioneer Electronics USA the rights to utilize copyrights, trademarks, and other intellectual property related to content integrated within the Software, including but not limited to text, images, data, and software components.
2. Limited License
2.1 Authorized Use: Pioneer Electronics USA grants you a limited, non-exclusive, non-transferable, and royalty-free license to install and use the Software solely in conjunction with the designated Pioneer Product(s) you own. This license is specifically for your personal use and within the intended operational parameters of the Software and Product.
2.2 Restrictions: You are explicitly prohibited from copying, distributing, transferring, sublicensing, renting, leasing, lending, selling, or otherwise allowing any third party to use the Software or Documentation, except as expressly permitted within this License. Modification, reverse engineering, decompilation, disassembly, or any attempt to reduce the Software to a human-perceivable form is strictly forbidden, except to the limited extent explicitly permitted by applicable law. Should you believe such actions are legally permissible, you must first provide written notification to Pioneer Electronics USA detailing your intended activities.
2.3 Export Controls: The Software and Documentation are subject to export control regulations of the United States and other applicable jurisdictions. You are prohibited from exporting or re-exporting the Software or Documentation except in full compliance with all such applicable laws. Specifically, and without limitation, the Software and Documentation may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to any individual or entity 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 and Documentation, you warrant that you are not located in any such country or listed on any such list. Furthermore, you agree not to utilize the Software or Documentation for any purpose prohibited by United States law, including, but not limited to, the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
2.4 Ownership: You acknowledge and agree that all rights, title, and interest in and to the Software and Documentation, including all associated patent rights, trademarks, design rights, copyrights, and other intellectual property rights, remain exclusively with Pioneer Electronics USA and/or its Licensors. This License does not grant or transfer to you any ownership rights in the Software or Documentation, other than the limited usage rights expressly granted in Section 2.1. You understand that this is a license for use, not a sale, and you acquire no rights, express or implied, beyond the scope of the limited license detailed in Section 2.1.
2.5 Restricted Rights Legend: For United States government end users, the Software is classified as “commercial computer software” and “commercial computer software documentation” as 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 concerning the Software are restricted by this License, in accordance with FAR §§ 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable. Consequently, the Software is licensed to U.S. Government end users (a) solely as “Commercial Items” as defined in FAR 2.101 and incorporated in DFAR 212.102; and (b) with only the limited rights granted to the general public under this License. Under no circumstances will the U.S. Government or its end users be granted rights exceeding those granted to other users as stipulated in this License. The manufacturer is Pioneer Corporation, located at 28-8, Honkomagome 2-chome, Bunkyo-ku, Tokyo, 113-0021 Japan.
2.6 Corrections; No Support: While Pioneer Electronics USA may, at its discretion, release corrections or updates to the Software, it is under no obligation to provide any such corrections, support, maintenance, or updates for the Software or Documentation. The Software is provided on an “as-is” basis, and any future updates or support are not guaranteed.
3. Disclaimer of Warranties
Given that the Software is provided to you free of charge, Pioneer Electronics USA offers only a limited warranty: The Software has been developed and made available in accordance with the generally accepted industry standards for free software. In all other respects, the Software is provided “AS IS AND WITH ALL FAULTS,” and Pioneer Electronics USA disclaims all other warranties. To the maximum extent permitted by applicable law, Pioneer Electronics USA, its suppliers, and licensors expressly disclaim all other warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge and agree that your use of the Software is entirely at your own risk.
Without limiting the generality of the foregoing disclaimer, Pioneer Electronics USA, its suppliers, and licensors do not warrant that:
- The Software will be entirely error-free.
- Your use of the Software will be uninterrupted or error-free.
- The Software will meet all of your specific requirements.
- The Software will be compatible or operate with any specific hardware or software configuration you choose.
No oral or written statements made by Pioneer Group or any other party shall create any warranty on behalf of Pioneer Electronics USA. “Pioneer Group” encompasses Pioneer Electronics USA, its parent company, subsidiaries, affiliates, and their respective owners, directors, officers, employees, agents, suppliers, distributors, dealers, licensors, and other representatives.
4. License Breach
You acknowledge and agree that any violation of the restrictions and limitations outlined in this License would cause irreparable harm to Pioneer Electronics USA, for which monetary damages alone would be insufficient. Therefore, in the event of a breach, or threatened breach, of this License, you agree that Pioneer Electronics USA shall be entitled to seek injunctive relief in a court of competent jurisdiction to prevent or restrain such breach, in addition to any other remedies available at law or equity, including damages and legal fees.
5. Changes to This License
Pioneer Electronics USA reserves the right to modify or amend this License at any time in its sole discretion. Pioneer Electronics USA will provide reasonable advance notice of any such changes, including the effective date of the revised License, by posting a notice on its website or through other appropriate means of communication. Your continued use of the Product(s) after such notice and the effective date of the revised License will constitute your acceptance of and agreement to the revised License terms. It is your responsibility to periodically review this License for any updates or modifications.
6. Termination
This License remains in effect until terminated. You have the right to terminate this License at any time by permanently destroying and deleting the Software and Documentation from all of your devices and storage media. Pioneer Electronics USA may terminate this License at any time immediately upon your breach of any provision of this License. Upon termination, regardless of the cause, you must immediately cease all use of the Software and Documentation and destroy all copies in your possession or control, and provide written confirmation to Pioneer Electronics USA that you have complied with these requirements. Sections 2.2, 2.3, 3, 4, and 7 of this License shall survive any termination of this License and remain in full force and effect.
7. General Terms
7.1 Governing Law: This License, and all matters arising out of or relating to this License, shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
7.2 Jurisdiction: The parties agree to make good faith efforts to resolve any dispute, controversy, or claim arising out of or in connection with this License through amicable negotiation. If such amicable resolution cannot be reached, any and all disputes, controversies, or claims arising out of or relating to this License, including the formation, interpretation, applicability, enforceability, performance, or breach thereof, shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a panel of three arbitrators selected in accordance with the AAA rules. The seat of arbitration shall be in Los Angeles County, California, and the language of the arbitration shall be English. The award rendered by the arbitrators shall be final and binding upon the parties and shall include findings of fact and conclusions of law. Judgment upon the award may be entered in any court having jurisdiction thereof.
7.3 Exclusion of Remedies: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, EXCEPT FOR INSTANCES OF PIONEER’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR DEATH OR PHYSICAL INJURY TO A USER DIRECTLY RESULTING FROM PIONEER’S ACTS OR OMISSIONS, SHALL PIONEER GROUP OR ITS THIRD-PARTY SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR ECONOMIC LOSS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LICENSE OR THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED, EVEN IF PIONEER GROUP OR ITS THIRD-PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR INSTANCES OF PIONEER’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR DEATH OR PHYSICAL INJURY TO A USER DIRECTLY RESULTING FROM PIONEER’S ACTS OR OMISSIONS, THE TOTAL AGGREGATE LIABILITY OF PIONEER GROUP AND ITS THIRD-PARTY SUPPLIERS AND LICENSORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SOFTWARE, SHALL NOT EXCEED THE GREATER OF TEN U.S. DOLLARS (US$10.00) OR THE ACTUAL PURCHASE PRICE PAID FOR THE PIONEER PRODUCT FOR WHICH THE SOFTWARE WAS PROVIDED. THIS LIMITATION IS CUMULATIVE, AND ALL PAYMENTS MADE BY PIONEER GROUP AND ITS THIRD-PARTY SUPPLIERS AND LICENSORS IN SATISFACTION OF LIABILITIES SHALL BE AGGREGATED TO DETERMINE IF THIS LIMIT HAS BEEN REACHED.
7.5. Your Specific Rights: Certain jurisdictions may not permit the exclusion or limitation of certain types of damages or the limitation of liability. Therefore, some of the exclusions or limitations set forth above may not apply to you to the extent prohibited by applicable law in your jurisdiction. In such cases, Pioneer Electronics USA’s liability will be limited to the greatest extent permitted by applicable law. Your legal rights may vary depending on your jurisdiction.
7.6 Essential Purpose: Unless expressly limited or modified by applicable law, the foregoing disclaimers, exclusions, and limitations of liability shall apply, even if any remedy provided under this License fails of its essential purpose.
7.7 Severability and Waiver: If any provision of this License is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and if incapable of such enforcement, shall be deemed severed and deleted from this License. All remaining provisions of this License shall continue in full force and effect. No waiver by Pioneer Electronics USA of any breach of or default under this License shall be deemed to be a waiver of any subsequent breach or default, or a waiver of any other provision of this License.
7.8 No Assignment: You may not assign, sell, delegate, or otherwise transfer this License or any of your rights or obligations hereunder, whether voluntarily or by operation of law, without the prior written consent of Pioneer Electronics USA. Pioneer Electronics USA shall have the right to freely assign or transfer this License, in whole or in part, or any of its rights or obligations hereunder, without your consent. Pioneer Electronics USA will provide reasonable advance notice if any such assignment or transfer materially impacts your rights under this License.
7.9 Entire Agreement: This License constitutes the entire and exclusive agreement between you and Pioneer Electronics USA concerning the Software and Documentation and supersedes all prior or contemporaneous communications, agreements, and understandings, whether oral or written, relating to the subject matter hereof. No modification or amendment of this License shall be valid or effective unless it is in writing and signed by duly authorized representatives of both parties. No course of dealing, usage of trade, or course of performance shall be used to interpret or supplement this License. The term “including” as used herein shall be construed as “including without limitation.”
8. Contact Us
Should you have any questions, concerns, or complaints regarding this License, please do not hesitate to contact Pioneer Electronics USA through the following channels:
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Website: Visit our customer support portal at https://www.pioneerelectronics.com/PUSA/support/ for online assistance and FAQs.
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Postal Mail: You may also reach us by mail at the following address:
Pioneer Electronics (USA) Inc.
Attn: Service & Support
970 W. 190th Street, Suite 360
Torrance, CA 90502
U.S.A.
This End-User License Agreement was last revised on December 16, 2019 (Version 1.0).
