This document outlines the End-User License Agreement (EULA) between you, the user, and Pioneer Corporation regarding the use of Pioneer software. Please read this agreement carefully before installing or using the software. By clicking “accept” or proceeding to install or use the software, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
1. Definitions
To ensure clarity, here are the definitions of key terms used throughout this License:
- Documentation: Refers to any written help content or user manuals provided by Pioneer to assist you in using the Software.
- Software: Specifically means the firmware update provided by Pioneer for use exclusively with your Pioneer Product(s).
- Product: Indicates the Pioneer multimedia receiver model for which this Software license is granted.
- Licensor: Represents any third party who has licensed copyrights, trademarks, and other intellectual property rights related to content incorporated within the Software.
2. Limited License
2.1 Authorized Use
Pioneer grants you a limited, non-exclusive, non-transferable, royalty-free license to install and use the Software. This license is strictly for use with your Pioneer Product(s) and for no other purpose.
2.2 Restrictions
This license comes with specific restrictions to protect Pioneer’s intellectual property and ensure proper software usage:
- No Copying or Unauthorized Use: You are prohibited from copying or using the Software or Documentation except as explicitly allowed within this License.
- No Distribution or Transfer: You may not distribute, transfer, sublicense, rent, lease, lend, sell, or permit any third party to use the Software. This license is for your personal use with your Pioneer Product only.
- No Modification or Reverse Engineering: You are forbidden from modifying, reverse engineering, decompiling, disassembling, or attempting to reduce the Software to a human-readable format. Exceptions may apply only to the extent expressly permitted by applicable law and after written notification to Pioneer.
- Export Controls: The Software and Documentation are subject to export control laws. You are responsible for complying with all applicable export and re-export restrictions, including those of the United States. Specifically, you may not export or re-export the Software or Documentation to:
- Any U.S.-embargoed countries.
- 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 country or on any such list and that you will not use the Software or Documentation for any purposes prohibited by United States law, including the development of weapons of mass destruction.
2.3 Ownership
Pioneer and/or its Licensor retain all rights, title, and interest in the Software and Documentation. This includes, but is not limited to, patent rights, trademark rights, design rights, copyrights, and any other intellectual property rights. This License does not grant or transfer any ownership rights to you, except for the limited usage rights expressly stated in Section 2.1. Your rights are strictly limited to the license granted in Section 2.1, and no other rights are implied or granted.
2.4 Restricted Rights Legend
For government end users in the United States, the Software is considered “commercial computer software” and “commercial computer software documentation” as defined in relevant U.S. Federal Regulations. The U.S. Government’s rights to the Software are limited by this License, consistent with standard regulations for commercial computer software. Under no circumstances will the U.S. Government or its end users possess greater rights than those granted to other users under this License. Pioneer Corporation is the manufacturer of the Software.
2.5 Corrections; No Support
While Pioneer may, at its discretion, release software corrections or updates, there is no obligation to provide any such corrections, support, maintenance, or updates for the Software or Documentation.
3. Disclaimer of Warranties
Given that the Software is provided to you free of charge, Pioneer offers a limited warranty. Pioneer warrants only that the Software has been developed and made available in accordance with the typical standards within the industry 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, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risks associated with the use of the Software.
Specifically, Pioneer and its suppliers and licensors do 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, made by Pioneer Group or any other parties, shall constitute warranties from Pioneer. “Pioneer Group” encompasses Pioneer and its subsidiaries, affiliates, owners, directors, officers, employees, agents, suppliers, distributors, dealers, licensors, and other representatives.
4. License Breach
You acknowledge that any violation of the restrictions outlined in this License would cause irreparable harm to Pioneer. Monetary damages alone would be insufficient to compensate for such harm. Therefore, in the event of a breach, or threatened breach, Pioneer reserves the right to seek injunctive relief, in addition to any other remedies available under law or equity, to prevent or stop the violation of these License terms.
5. Changes to This License
Pioneer reserves the right to modify this License at any time. Pioneer will provide advance notice of any changes and the effective date by posting a notification on its website or through other appropriate means. Your continued use of the Product(s) after such notice constitutes your agreement to the revised License.
6. Termination
This License remains in effect until terminated. You may terminate this License at any time by destroying and deleting all copies of the Software and Documentation. Pioneer may also terminate this License at any time if you breach any provision of this agreement. Upon termination, you must cease all use of the Software and Documentation and destroy all copies in your possession, confirming this action to Pioneer upon request. Sections 2.2, 2.3, 3, 4, and 7 will remain in effect even after the termination of this License.
7. General Terms
7.1 Governing Law
The governing law for this License depends on your place of residence:
- European Economic Area (EEA) Residents: Belgian law governs this License.
- United States Residents: The laws of the State of California, U.S.A., govern this License.
- Canadian Residents: The laws of the Province of Ontario and the federal laws of Canada govern this License.
- Residents Outside EEA, United States, or Canada: Japanese law governs this License.
7.2 Jurisdiction
Pioneer and you agree to make good-faith efforts to resolve any disputes arising from or related to this License amicably. If an amicable resolution cannot be reached, the following jurisdiction rules apply:
- EEA Residents: Parties may choose to settle claims through binding arbitration under the rules of the International Chamber of Commerce. If arbitration is chosen, it will be held in Brussels, Belgium, in English. If arbitration is not chosen, Belgian courts have exclusive jurisdiction.
- Residents Outside EEA: All claims shall be settled by binding arbitration under the rules of the International Chamber of Commerce. Arbitration will be conducted by three arbitrators and the award will be final and binding. The arbitration location depends on your region (New York, Dallas, or Los Angeles for US residents; Vancouver, Toronto, or Quebec for Canadian residents; and Tokyo for all others).
- Canadian Residents: If arbitration is not enforceable, 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 and licensors shall not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages. This includes, without limitation, damages for lost data or economic loss arising from this License or your use or inability to use the Software. This exclusion applies regardless of the cause of action, even if Pioneer Group or its third parties were advised of the possibility of such damages. Exceptions apply only in cases of Pioneer’s willful misconduct, gross negligence, or death or physical injury resulting from Pioneer’s acts or omissions.
7.4 Limitation of Liability
To the maximum extent permitted by law, the total aggregate liability of Pioneer Group and its third-party suppliers and licensors for any damages or claims related to this License or the Software is limited to the greater of US$10.00 or the price you paid for the Pioneer Product for which the Software is provided. This limitation is cumulative across all claims and liabilities. Exceptions apply only in cases of Pioneer’s willful misconduct, gross negligence, or death or physical injury resulting from Pioneer’s acts or omissions.
7.5 Your Specific Rights
Some jurisdictions do 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 applicable law. 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 this License apply even if any remedy fails to achieve its essential purpose.
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 permissible or, if entirely unenforceable, removed from this License. The remaining provisions will remain in full force and effect. Any waiver of a breach or failure to enforce any provision of this License does not constitute a waiver of future breaches or provisions.
7.8 No Assignment
You may not assign, sell, delegate, or transfer this License or any rights or obligations under it without Pioneer’s prior written consent. Pioneer may freely assign or transfer this License or its rights and obligations, providing notice in advance if such transfer affects your guarantees.
7.9 Entire Agreement
This License constitutes the complete agreement between you and Pioneer regarding the Software and Documentation. It supersedes all prior agreements and understandings, whether written or oral. This License can only be modified or amended by a written agreement expressly consented to by Pioneer. No other act, document, custom, or usage will be deemed to amend or modify this License. The term “including” means “including without limitation.”
8. Contact Us
If you have any questions or complaints about this License, please visit https://global.pioneer/en/product_support/support/ or contact us by postal mail at one of the following addresses:
-
Pioneer Corporation
Attn: Customer Support
28-8, Honkomagome 2-Chome Bunkyo-Ku, Tokyo 113-0021, Japan -
Pioneer Electronics AsiaCentre Pte. Ltd.
Attn: Service Centre
2 Jalan Kilang Barat, #07-01 Singapore 159346 -
Pioneer Europe NV
Attn: Customer Support
Haven 1087, Keetberglaan 1 9120 Melsele, Belgium -
Pioneer Electronics (USA) Inc.
Attn: Service & Support
970 W. 190th Street, Suite 360, Torrance, CA 90502 U.S.A.
Revised: Version 1.0: December 16, 2019
