This End-User License Agreement, last updated on December 16, 2019 (version 1.0), is a crucial legal document for anyone using Pioneer software. While Pioneer is well-regarded for its audio equipment and innovations in car entertainment, understanding the software that powers many of these devices is equally important. This agreement outlines the terms and conditions you must agree to before using Pioneer’s software. It’s designed to protect both Pioneer and the end-user, ensuring a clear understanding of rights and responsibilities.
Understanding the Agreement
Before you proceed to install or use any Pioneer software, it’s essential to carefully read and understand this License Agreement. By clicking “accept” or proceeding to install or use the software, you are acknowledging that you have read, understood, and agree to be bound by these terms and conditions. This agreement is legally binding, just like any written contract you would sign. 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 does not intend for its software to be used by children under 16 without this parental consent. If you do not agree with these terms, you must not click “accept,” install, or use the software.
1. Key Definitions
To fully grasp the scope of this agreement, it’s important to understand the definitions of key terms used throughout the document:
- Documentation: This refers to any written help content provided by Pioneer to assist you in using the Software. Think of it as the user manual or guide that accompanies the software.
- Software: This specifically means the firmware update that Pioneer provides to you. It’s intended solely for your use with designated Pioneer Products.
- Product: This term denotes the multimedia receiver model that Pioneer distributes and sells, for which this Software license is granted. This is the physical Pioneer device that the software is designed to work with.
- Licensor: This refers to any third party who has licensed copyrights, trademarks, and other intellectual property rights to Pioneer. These rights are related to content, text, images, data, software, and information incorporated into Pioneer’s Software.
2. Limited License Granted
Pioneer grants you a limited license to use their Software, subject to specific conditions:
- 2.1 Authorized Use: You are granted a limited, non-exclusive, non-transferable, and royalty-free license. This means you can install and use the Software, but only on the designated Pioneer Product(s). This license is for your personal use and cannot be transferred to others.
- 2.2 Restrictions: This license comes with several important restrictions. You are prohibited from copying or using the Software or Documentation except as explicitly allowed in this agreement. You cannot distribute, transfer, sublicense, rent, lease, lend, sell, or allow any third party to use the Software. Modifying, reverse engineering, decompiling, disassembling, or reducing the Software to a human-readable form is also forbidden, except where expressly permitted by law and only after notifying Pioneer in writing of your intentions.
- 2.3 Export Controls: You must comply with all export control laws. You cannot export or re-export the Software or Documentation unless authorized by United States law and the laws of your jurisdiction. Specifically, you cannot export to U.S.-embargoed countries or to 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, you confirm you are not in such a country or on such a list and will not use the Software for purposes prohibited by United States law, including the development of weapons of mass destruction.
- 2.4 Ownership: Pioneer and its Licensors retain all rights, title, and interest in the Software and Documentation. This includes all intellectual property rights like patents, trademarks, designs, and copyrights. This license does not transfer any ownership to you; it only grants you the limited usage rights as defined in section 2.1. You do not acquire any rights beyond this limited license.
- 2.5 Restricted Rights Legend: For U.S. government end users, the Software is considered “commercial computer software” and “commercial computer software documentation.” The U.S. Government’s rights are limited by this License, in accordance with specific federal regulations. The government’s rights are no greater than those granted to the public under this License. Pioneer Corporation is identified as the manufacturer.
- 2.6 Corrections; No Support: While Pioneer may choose to release software corrections, they are not obligated to provide any corrections, support, maintenance, or updates for the Software or Documentation. The software is provided as is, without guaranteed ongoing support.
3. Disclaimer of Warranties
Because the Software is provided to you free of charge, the warranty is limited. Pioneer warrants only that the Software was developed and made available following standard industry practices 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 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 configurations.
No statements, whether written or oral, from Pioneer Group or others, constitute warranties from Pioneer. “Pioneer Group” includes Pioneer, its subsidiaries, affiliates, and their respective owners, directors, officers, employees, agents, suppliers, distributors, dealers, licensors, and representatives.
4. License Breach
You acknowledge that any violation of the restrictions in this License would cause irreparable harm to Pioneer. Monetary damages alone would not be sufficient to compensate for such harm. Therefore, in addition to any other legal remedies, Pioneer is entitled to seek injunctive relief to prevent any actual, threatened, or continued breach of these License terms. This means Pioneer can take legal action to stop you from violating the agreement.
5. License Modifications
Pioneer reserves the right to modify this License at any time. They will provide advance notice of any changes and the date they become effective by posting a notice on their website or through other appropriate means. If you continue to use the Product(s) after such notice, it will be considered your agreement to the revised License. It’s your responsibility to stay informed of any updates to this agreement.
6. Termination of License
This License remains in effect until terminated. You have the option to terminate it at any time by destroying and deleting the Software and Documentation. Pioneer can also terminate this License if you breach any of its provisions. Upon termination, you must stop using the Software and Documentation and destroy all copies in your possession, confirming this action to Pioneer in writing. Certain sections of the agreement (2.2, 2.3, 3, 4, and 7) will remain in effect even after termination.
7. General Legal Terms
- 7.1 Governing Law: The governing law of this License depends on your location. If you reside in the European Economic Area (EEA), Belgian law applies. If you are in the United States, it’s governed by California law. For Canadian residents, it’s the law of Ontario and Canadian federal law. For residents outside these regions, Japanese law applies.
- 7.2 Jurisdiction: Both parties agree to attempt to resolve any disputes amicably. If an amicable resolution is not possible, and if you are in the EEA, you and Pioneer can choose to settle claims through binding arbitration under the rules of the International Chamber of Commerce. For residents outside the EEA, arbitration is mandatory. Arbitration venues are specified by region: Brussels (EEA), regional venues in the US and Canada, and Tokyo (other territories). If arbitration is not chosen by EEA residents, or unenforceable in Canada, specific courts have exclusive jurisdiction.
- 7.3 Exclusion of Remedies: To the maximum extent permitted by law, Pioneer Group and its suppliers/licensors are not liable for any indirect, special, incidental, punitive, exemplary, or consequential damages arising from this License or your use (or inability to use) the Software. This exclusion applies regardless of the legal basis of the claim, even if Pioneer was advised of potential damages. Exceptions exist for Pioneer’s willful misconduct, gross negligence, or in cases of death or physical injury caused by Pioneer’s acts or omissions.
- 7.4 Limitation of Liability: To the maximum extent permitted by law, the total liability of Pioneer Group and its suppliers/licensors for any damages or claims related to this License or the Software is limited to US$10.00 or the price you paid for the Pioneer Product associated with the Software, whichever is greater. This limitation is cumulative across all claims.
- 7.5. Your Specific Rights: Some jurisdictions may not allow the exclusion of certain damages or limitations of liability. Therefore, some of the above exclusions or limitations may not apply to you, depending on local laws. Your legal rights may vary by jurisdiction.
- 7.6 Essential Purpose: Unless restricted by applicable law, the disclaimers, exclusions, and limitations in this agreement apply even if any remedy fails to achieve its essential purpose.
- 7.7 Severability and Waiver: If any part of this License is deemed illegal, invalid, or unenforceable, that part will be enforced as much as possible or removed from the License. The rest of the agreement remains in effect. Failure to enforce any provision does not constitute a waiver of future enforcement of that or any other provision.
- 7.8 No Assignment: You cannot assign or transfer this License without Pioneer’s written consent. Pioneer, however, can freely assign or transfer the License, but will notify you in advance if it affects your guarantees.
- 7.9 Entire Agreement: This License constitutes the complete agreement between you and Pioneer regarding the Software and Documentation. It can only be modified in writing with Pioneer’s express consent. No other actions or customs can change this License. The term “including” is used in a non-limiting sense, meaning “including without limitation.”
8. Contact Information
If you have any questions or complaints about this License, you can reach Pioneer through their customer support website: https://global.pioneer/en/product_support/support/ or by postal mail at one of the provided addresses for their offices in Japan, Singapore, Belgium, or the USA.
This revised End-User License Agreement (Version 1.0, December 16, 2019) aims to provide a clearer understanding of the legal terms governing Pioneer software use. Understanding these agreements is crucial for all users of technology, ensuring a transparent and legally sound relationship between users and technology providers.
