This End-User License Agreement (“License”) is a crucial legal document that governs your use of software provided by Pioneer Corporation. As a user of the Pioneer Site and its associated products, it’s essential to understand the terms and conditions outlined in this agreement. This article aims to clarify the key aspects of the Pioneer End User License Agreement, ensuring you are well-informed about your rights and responsibilities when using Pioneer software.
Pioneer Corporation, a global leader in electronics, provides this Software for use with its range of multimedia receiver products. By clicking “accept,” installing, or using the Software, you acknowledge that you have read, understood, and agreed to be bound by this License. If you are under the legal age of consent in your location, your parent or guardian must agree to these terms on your behalf. If you do not agree with these terms, you should not proceed with the installation or use of the Software.
Key Definitions in the Pioneer License Agreement
To fully grasp the Pioneer Software License Agreement, it’s important to understand the definitions of key terms used throughout the document:
1. Documentation
“Documentation” refers to any written help content or guides provided by Pioneer to assist you in using the Software effectively. This could include manuals, online help files, or tutorials available on the Pioneer site.
2. Software
“Software” specifically refers to the firmware update provided by Pioneer. This Software is intended solely for use with your Pioneer Product(s) and is a critical component for ensuring optimal performance and functionality.
3. Product
“Product” denotes the multimedia receiver model distributed and sold by Pioneer for which the Software license is granted. This clarifies that the Software is specifically designed for and licensed to operate with your Pioneer hardware product.
4. Licensor
“Licensor” refers to any third party who holds intellectual property rights (such as copyrights and trademarks) related to content, text, images, data, software, and information incorporated within the Pioneer Software. This acknowledges that Pioneer may utilize third-party intellectual property in its Software.
Scope of the Limited License Granted by Pioneer
Pioneer grants you a limited license to use the Software, which is crucial for users accessing and utilizing software from the Pioneer site. This license is defined by specific parameters:
2.1 Authorized Use
Pioneer grants you a limited, non-exclusive, non-transferable, royalty-free license. This means:
- Limited: Your usage rights are specifically defined within this agreement.
- Non-exclusive: Others may also be granted licenses to use the same Software.
- Non-transferable: You cannot transfer this license to another person or entity.
- Royalty-free: You do not have to pay any ongoing fees for the license itself.
This license allows you to install and use the Software solely with the designated Pioneer Product(s). It’s important to note that this license is specifically tied to your Pioneer product and does not extend to other devices or software.
2.2 Restrictions on Software Use
The license agreement places certain restrictions on how you can use the Software and Documentation. These restrictions are in place to protect Pioneer’s intellectual property and ensure proper software usage. Key restrictions include:
- No Copying or Unauthorized Use: You are prohibited from copying or using the Software or Documentation except as expressly allowed in the License.
- No Distribution or Transfer: You cannot distribute, transfer, sublicense, rent, lease, lend, sell, or allow any third party to use the Software. This prevents unauthorized sharing and commercial exploitation of the Software.
- No Modification or Reverse Engineering: You are not permitted to modify, reverse engineer, decompile, disassemble, or attempt to reduce the Software to a human-readable form. This clause aims to protect the Software’s source code and proprietary nature. Exceptions may apply only to the extent expressly permitted by applicable law, and even then, Pioneer must be notified in writing of your intentions.
2.3 Export Controls and Compliance
As a user of the Pioneer site and its software, you must comply with export control laws. You are responsible for ensuring that your use of the Software and Documentation adheres to all applicable export and re-export regulations, particularly those of the United States.
Specifically, you are prohibited from exporting or re-exporting the Software or Documentation to:
- U.S.-embargoed countries: Countries that are subject to trade embargoes by the United States.
- Restricted parties: 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 Software or Documentation, you warrant that you are not located in any such restricted country or on any restricted party list. You also agree not to use the Software for any purposes prohibited by United States law, including the development, design, manufacture, or production of weapons of mass destruction.
2.4 Ownership of Intellectual Property
The License agreement clearly states that Pioneer and its Licensors retain all rights, title, and interest in the Software and Documentation. This includes all intellectual property rights such as patents, trademarks, designs, copyrights, and any other relevant rights.
Crucially, no ownership rights are transferred to you under this License. You are only granted the limited right to use the Software as defined in Section 2.1. This emphasizes that you are licensing the Software, not purchasing it, and Pioneer retains all ownership.
2.5 Restricted Rights Legend for U.S. Government End Users
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 regarding the Software are strictly limited to the terms of this License.
This section clarifies that the Software is licensed to the U.S. Government as a Commercial Item with only the limited rights granted to the public under this License. Under no circumstances will the U.S. Government or its end users receive greater rights than those granted to other users. Pioneer Corporation is identified as the manufacturer.
2.6 Software Corrections and Support
While Pioneer may choose to provide corrections or updates to the Software, the License explicitly states that Pioneer is not obligated to provide any such corrections, support, maintenance, or updates for the Software or Documentation.
This is a key point, especially as the Software is licensed free of charge. Users should understand that while updates may be provided, they are not guaranteed, and ongoing support is not included as part of this License.
Disclaimer of Warranties
Given that the Software is provided to you free of charge, the warranty terms are limited. Pioneer warrants only that the Software has been developed and made available according to the usual industry standards for free software.
In all other respects, the Software is provided “AS IS AND WITH ALL FAULTS.” To the maximum extent permitted by law, Pioneer, its suppliers, and licensors disclaim all other warranties, whether express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You use the Software entirely 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 specific requirements.
- The Software will be compatible with your chosen hardware or software configuration.
Furthermore, no statements, whether written or oral, made by Pioneer Group or others, will constitute warranties from Pioneer. “Pioneer Group” includes Pioneer itself, its subsidiaries, affiliates, and all related parties.
Consequences of License Breach
The License agreement emphasizes that any violation of the restrictions outlined in the agreement would cause irreparable harm to Pioneer. Monetary damages alone would not be sufficient to compensate for such breaches.
Therefore, in addition to seeking financial compensation and any other legal remedies available, Pioneer reserves the right to seek injunctive relief. This means Pioneer can pursue legal action to prevent any actual, threatened, or continued breach of these License terms.
License Modifications
Pioneer retains the right to modify this License at any time. Any changes to the License will be communicated in advance, along with the effective date of the revisions. Pioneer will provide notice of these changes by posting a notice on the Pioneer site or through other appropriate means.
Your continued use of the Product(s) after such notice will be considered as your agreement to the revised License. It is therefore important to periodically review the License terms for any updates.
License Termination
The License remains in effect until terminated. You have the option to terminate the License at any time by destroying and deleting the Software and Documentation.
Pioneer also reserves the right to terminate the License at any time if you breach any provision of the agreement. Upon termination, you are obligated to cease using the Software and Documentation and destroy all copies in your possession, confirming this action to Pioneer. Certain sections of the License, including restrictions, disclaimers, breach consequences, and general terms, will remain in effect even after termination.
General Terms and Legal Framework
The License agreement includes several general terms that define the legal framework within which the agreement operates:
7.1 Governing Law
The governing law for the License varies based on your residency:
- EEA Residents: Belgian law governs the License for residents of any European Economic Area (EEA) member state.
- U.S. Residents: The laws of the State of California, U.S.A., govern the License for residents of the United States.
- Canadian Residents: The laws of the Province of Ontario and the federal laws of Canada govern the License for residents of Canada.
- Residents Outside EEA, U.S., or Canada: Japanese law governs the License for residents of any territory outside these regions.
7.2 Jurisdiction and Dispute Resolution
Pioneer aims to resolve any disputes amicably. However, if amicable settlement is not possible, the License outlines the jurisdiction and dispute resolution mechanisms.
- Arbitration Option: For EEA residents, there is an option to settle claims through binding arbitration under the rules of the International Chamber of Commerce. For residents outside the EEA, arbitration is the mandatory method for dispute resolution. Arbitration proceedings will be conducted by three arbitrators, in English, and in specified locations depending on residency (Brussels, Belgium for EEA; regional venues in the US and Canada; Tokyo, Japan for others).
- Court Jurisdiction: For EEA residents, if arbitration is not agreed upon, Belgian courts have exclusive jurisdiction. For Canadian residents, if arbitration is unenforceable, the courts in Toronto have exclusive jurisdiction, unless prohibited by law.
7.3 Exclusion of Remedies
To the maximum extent permitted by law, Pioneer Group and its third-party suppliers or licensors are not liable for any indirect, special, incidental, punitive, exemplary, or consequential damages arising from this License or your use of the Software. This exclusion applies regardless of the cause of action, even if Pioneer Group was advised of the possibility of such damages. Exceptions are made only for Pioneer’s willful misconduct, gross negligence, or in cases of death or physical injury resulting from Pioneer’s acts or omissions.
7.4 Limitation of Liability
Under any theory of liability, excluding cases of Pioneer’s willful misconduct, gross negligence, or death/physical injury due to Pioneer’s actions, the aggregate liability of Pioneer Group and its third-party suppliers and licensors is limited. This limit is capped at the greater of ten US dollars (US$10.00) or the price paid for the Pioneer Product for which the Software is provided. This limitation is cumulative across all claims related to the License or the Software.
7.5 Your Specific Rights
This section acknowledges that some jurisdictions may not allow the exclusion of certain damages or limitations of liability. Therefore, to the extent prohibited by applicable law, the exclusions and limitations mentioned above may not apply to you. Your specific legal rights may vary depending on your jurisdiction.
7.6 Essential Purpose
Unless restricted or modified by applicable law, the disclaimers, exclusions, and limitations outlined in the License remain in effect, even if any remedy fails to achieve its essential purpose. This reinforces the intended scope and enforceability of these clauses.
7.7 Severability and Waiver
If any provision of this License is deemed illegal, invalid, or unenforceable, that provision will be enforced to the maximum extent possible. If it cannot be enforced, it will be considered severed and deleted from the License, while the remaining provisions continue to be valid and effective. Any waiver of a breach or failure to enforce a provision does not constitute a waiver of future breaches or other provisions.
7.8 No Assignment
You are prohibited from assigning, selling, delegating, or transferring this License or any rights or obligations under it without Pioneer’s prior written consent. Pioneer, however, is permitted to freely assign or transfer this License or its rights and obligations. Pioneer will provide advance notice if such assignment or transfer impacts your guarantees.
7.9 Entire Agreement
This License constitutes the entire agreement between you and Pioneer regarding the Software and Documentation. It supersedes all prior agreements and understandings. The License can only be modified or amended through a written agreement expressly consented to by Pioneer. No other actions, documents, customs, or usages will be considered as amendments or modifications to this License. The term “including” is defined as “including without limitation.”
Contact Information for Pioneer
If you have any questions or complaints regarding this License, you can contact Pioneer through their customer support channels. You can visit the Pioneer support website at https://global.pioneer/en/product_support/support/ or contact them by postal mail at one of the provided 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.
This detailed explanation of the Pioneer End-User License Agreement is designed to help users of the Pioneer site and its products understand the legal terms governing their software use. By understanding these terms, you can ensure compliance and make informed decisions about using Pioneer Software.
