This End User License Agreement (“License”) is a crucial legal document that governs your use of the software provided by Pioneer Corporation for your Pioneer SPH-10BT multimedia receiver. It’s essential for every user to understand the terms and conditions outlined in this agreement before installing or using the software. This document, last revised on December 16, 2019 (version 1.0), is a legally binding agreement between you, the end-user, and Pioneer Corporation. By clicking “accept” or installing/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. Pioneer does not intend to provide software for use by children under 16. If you do not agree with the terms, do not click “accept,” install, or use the software.
Key Definitions in the Pioneer SPH-10BT Software License
To fully grasp the scope of this agreement, understanding the key definitions is paramount.
- Documentation: Refers to any written help content provided by Pioneer to assist users in operating the Software of Pioneer SPH-10BT. This could include manuals, guides, and online resources.
- Software: Specifically means the firmware updates provided by Pioneer for use exclusively with your Pioneer SPH-10BT Product. These updates are designed to enhance the functionality and performance of your device.
- Product: In this context, refers directly to your Pioneer SPH-10BT multimedia receiver model, the hardware for which the Software license is granted.
- Licensor: Indicates any third-party who licenses intellectual property rights related to content, text, images, data, software, and information incorporated within the Pioneer SPH-10BT Software. This acknowledges that Pioneer may utilize third-party technologies in their software.
Limited License for Pioneer SPH-10BT Software
Pioneer grants you a limited license to use the Software, subject to specific conditions.
Authorized Use of SPH-10BT Software
Pioneer provides a limited, non-exclusive, non-transferable, and royalty-free license. This means you are permitted to install and use the Software, but only on your Pioneer SPH-10BT Product. This license is personal to you and cannot be transferred to others. You do not own the software; you are granted the right to use it under these specific terms.
Restrictions on Software Use
The license comes with crucial restrictions that every Pioneer SPH-10BT user must adhere to:
- No Copying or Unauthorized Use: You are prohibited from copying or using the Software or Documentation except as expressly allowed within this License.
- No Distribution or Transfer: You cannot distribute, transfer, sublicense, rent, lease, lend, sell, or allow any third party to use the Software. The license is for your personal use with your Pioneer SPH-10BT only.
- No Reverse Engineering: Modifying, reverse engineering, decompiling, disassembling, or reducing the Software to a human-perceivable form is strictly forbidden. Legal exceptions apply only after written notification to Pioneer. This protects Pioneer’s intellectual property and software integrity.
- Export Controls: You must comply with all applicable export and re-export laws, including those of the United States. You warrant that you are not located in a U.S.-embargoed country or on any U.S. government restricted list. You also agree not to use the Software for prohibited purposes like developing weapons.
Ownership of Intellectual Property
The License clearly states that all rights, titles, and interests in the Software and Documentation, including patents, trademarks, copyrights, and other intellectual property rights, remain with Pioneer and/or its Licensors. You are only granted a limited license to use the Software; no ownership is transferred.
Government End Users and Restricted Rights
For United States government end users, the Software is considered “commercial computer software” with restricted rights as defined in relevant U.S. Federal Acquisition Regulations. The government’s rights to use, modify, reproduce, release, perform, display, or disclose this software are limited by the terms of this License.
Software Corrections and Support
While Pioneer may choose to provide software corrections, they are under no obligation to do so. Similarly, Pioneer is not obligated to provide any support, maintenance, or updates for the Software or Documentation for the Pioneer SPH-10BT. This section clarifies that software updates and support are at Pioneer’s discretion.
Disclaimer of Warranties for Pioneer SPH-10BT Software
Since the Software for Pioneer SPH-10BT is provided free of charge, the warranty is limited. Pioneer warrants only that the software development and provision meet industry standards for free software.
“As Is” Software Provision
In all other respects, the Software is provided “AS IS AND WITH ALL FAULTS.” This means there is no guarantee of performance, reliability, or suitability for any specific purpose. You use the Pioneer SPH-10BT Software at your own risk.
No Implied 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, fitness for a particular purpose, and non-infringement.
No Guarantee of Error-Free Operation
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 operate with your chosen hardware or software configuration beyond the Pioneer SPH-10BT.
No verbal or written statements from Pioneer Group or others constitute warranties from Pioneer. “Pioneer Group” encompasses Pioneer, its affiliates, subsidiaries, and their related parties.
License Breach and Pioneer’s Remedies
You acknowledge that any violation of the License restrictions would cause irreparable harm to Pioneer.
Injunctive Relief
In addition to financial damages, Pioneer is entitled to seek injunctive relief to prevent any actual, threatened, or continued breach of these License terms. This legal remedy can stop you from actions that violate the agreement.
Changes to This License Agreement
Pioneer reserves the right to modify this License at any time.
Notification of Changes
Pioneer will provide advance notice of any changes and their effective date by posting a notice on their website or through other appropriate means. Your continued use of the Pioneer SPH-10BT Product after such notice signifies your agreement to the revised License. It is your responsibility to review updates.
Termination of the License
The License remains effective until terminated.
Your Termination Rights
You can terminate this License at any time by destroying and deleting the Software and Documentation.
Pioneer’s Termination Rights
Pioneer can terminate this License at any time if you breach any provision of the agreement.
Post-Termination Obligations
Upon termination, you must cease using the Software and Documentation and destroy all copies in your possession, confirming this action to Pioneer upon request. Certain sections of the License, including restrictions, disclaimers, remedies, and general terms, will remain in effect even after termination.
General Terms Governing the License
The final section outlines general legal terms that govern the License.
Governing Law
The governing law depends on your region:
- EEA Residents: Belgian law
- U.S. Residents: Laws of the State of California, U.S.A.
- Canadian Residents: Laws of the Province of Ontario and federal laws of Canada.
- Residents outside EEA, U.S., or Canada: Laws of Japan.
Dispute Resolution and Jurisdiction
Parties are expected to attempt to resolve disputes amicably.
- Arbitration: For EEA residents and residents outside EEA, U.S., or Canada, claims may be settled by binding arbitration under the International Chamber of Commerce rules. EEA arbitration is in Brussels, others in Tokyo, with venue options for U.S. and Canadian residents.
- Jurisdiction: If arbitration is not agreed upon by EEA residents, Belgian courts have exclusive jurisdiction. For Canadian residents, if arbitration is unenforceable, courts in Toronto have 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 arising from this License or your use of the Software, excluding cases of Pioneer’s willful misconduct, gross negligence, or user death/physical injury due to Pioneer’s acts or omissions. This limitation is significant and limits your ability to claim for certain types of damages.
Limitation of Liability
Pioneer Group’s aggregate liability for damages or claims related to this License or the Pioneer SPH-10BT Product is limited to US$10.00 or the price paid for the Pioneer SPH-10BT product, whichever is greater, except for cases of Pioneer’s willful misconduct, gross negligence, or user death/physical injury due to Pioneer’s acts or omissions. This is a strict cap on potential financial recovery.
Your Specific Rights
Your legal rights may vary depending on your jurisdiction. Some jurisdictions may not allow the exclusion of certain damages or liability limitations, so some of these clauses may not apply to you fully.
Essential Purpose
These disclaimers, exclusions, and limitations apply even if any remedy fails in its essential purpose, unless limited or modified by applicable law.
Severability and Waiver
If any part of this License is deemed unenforceable, the remaining provisions remain in effect. Failure to enforce any provision does not constitute a waiver of future enforcement.
No Assignment by You
You cannot assign or transfer this License without Pioneer’s written consent. Pioneer, however, can freely assign or transfer the License, providing notice if it impacts your guarantees.
Entire Agreement
This License constitutes the complete agreement between you and Pioneer regarding the Software and Documentation, superseding any prior agreements. It can only be modified by Pioneer’s express written consent.
Contacting Pioneer
For questions or complaints about this License, you can visit Pioneer’s support website or contact them via postal mail at the provided addresses for various regional Pioneer entities.
This detailed explanation of the Pioneer SPH-10BT End User License Agreement is designed to help you understand your rights and obligations when using the software associated with your device. Understanding these terms ensures a compliant and informed user experience with your Pioneer SPH-10BT. Always refer back to this agreement and any updates provided by Pioneer to stay informed about the governing terms of software use for your Pioneer SPH-10BT.
