Pioneer 12s End-User License Agreement: Understanding Your Software Rights

This End-User License Agreement (EULA) is a crucial document that governs your use of the software provided by Pioneer Corporation for your Pioneer 12s product. It is essential to read and understand this agreement before installing or using the software. By clicking “accept” or proceeding to install or use the software, you are legally bound by the terms and conditions outlined in this license.

This document serves as a legally binding agreement between you, the end-user, and Pioneer Corporation, a global entity with its principal place of business in Tokyo, Japan. This agreement outlines the terms under which you are permitted to use the Pioneer software and its accompanying documentation.

Key Points Before You Proceed

Before you proceed, it is vital to acknowledge the following:

You have thoroughly read this License Agreement.
You fully understand the contents of this License Agreement.
You agree to be legally bound by all the terms and conditions stipulated in this License Agreement.

Your agreement is signified by either:

Clicking the acceptance button associated with the electronic version of this License.
Installing or using any part of the Software.

Age Restriction

It is important to note that if you are not of legal age in your jurisdiction to enter into such agreements, your parent or legal guardian must agree to these terms on your behalf before you install or use the Software. Pioneer does not intend to provide its software to children under the age of 16 and does not knowingly collect data from such individuals.

If You Do Not Agree

If you do not agree with the terms and conditions of this License, you must not click the acceptance button and should refrain from installing or using the Software in any manner.

I. Definitions: Key Terms Explained

To ensure clarity and understanding throughout this agreement, the following terms are defined:

1.1 Documentation: This refers to any written or electronic help content provided by Pioneer to assist you in using the Software effectively. This could include user manuals, guides, and online help resources.

1.2 Software: This encompasses the firmware update provided to you by Pioneer specifically for use with your Pioneer 12s Product. It is designed to operate exclusively with the designated Pioneer product model.

1.3 Product: This specifically means the Pioneer 12s multimedia receiver model, distributed and sold by Pioneer, for which this Software license is granted. This agreement is strictly for the software intended for this particular product.

1.4 Licensor: This term refers to any third-party entity that has licensed copyrights, trademark rights, and other intellectual property rights to Pioneer. These rights pertain to content, text, images, data, software, and information incorporated within the Software.

II. Limited License: Scope and Restrictions

Pioneer grants you a limited license to use the Software, subject to specific conditions:

2.1 Authorized Use: Pioneer provides you with a limited, non-exclusive, non-transferable, and royalty-free license. This license permits you to install and use the Software solely with your Pioneer 12s Product. This means the license is for your personal use with your device and cannot be transferred to others or used for other products.

2.2 Restrictions: This license comes with strict limitations. You are explicitly prohibited from the following actions:

Copying or Use Beyond Agreement: You cannot copy or use the Software or Documentation except as explicitly allowed in this License. Unauthorized copying or use is a breach of this agreement.
Distribution and Transfer: You may not distribute, transfer, sublicense, rent, lease, lend, sell, or permit any third party to use the Software. The software is licensed to you as the end-user, and you cannot redistribute it.
Modification and Reverse Engineering: You are prohibited from modifying, reverse engineering, decompiling, disassembling, or reducing the Software to a human-perceivable form. The only exception is to the extent expressly permitted by applicable law, and even then, only after providing written notice to Pioneer detailing your intended activities. This clause protects Pioneer’s intellectual property and proprietary rights.

2.3 Export Controls: The Software and Documentation are subject to export control laws and regulations, particularly those of the United States.

You must comply with all applicable export and re-export laws.
Specifically, you are prohibited from exporting or re-exporting the Software or Documentation to:
- Any countries embargoed by the U.S.
- Anyone 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 or Documentation, you warrant that you are not located in any such prohibited country or on any such list.
You also agree not to use the Software or Documentation for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons. This clause ensures compliance with international laws and regulations.

2.4 Ownership: Pioneer and its Licensors retain all rights, titles, and interests in the Software and Documentation, including all intellectual property rights such as patents, trademarks, designs, and copyrights.

This license does not transfer any ownership to you.
Your rights are strictly limited to the license granted in Section 2.1 (Authorized Use). You do not acquire any rights beyond this limited license, whether express or implied. This section clearly establishes that you are a licensee, not an owner, of the software.

2.5 Restricted Rights Legend: For government end users in the United States, the Software is classified as “commercial computer software” and “commercial computer software documentation,” as defined in relevant sections of the U.S. Code of Federal Regulations.

The U.S. Government’s rights regarding the Software are limited by this License, in accordance with the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFAR).
The Software is licensed as a “Commercial Item” with only limited rights granted to the public under this License.
Under no circumstances will the U.S. Government or its end users be granted greater rights than those granted to other users under this agreement.
Pioneer Corporation, located in Tokyo, Japan, is identified as the Manufacturer. This section addresses specific legal requirements for U.S. government users of the software.

2.6 Corrections; No Support: While Pioneer may choose to provide corrections or updates to the Software, it is not obligated to do so.

Pioneer is not required to provide any support, maintenance, or updates for the Software or Documentation.
Any corrections or updates are at Pioneer’s discretion. Given that the software is often provided free of charge, support and updates are not guaranteed.

III. Disclaimer of Warranties: Software Provided “As Is”

Given that the Software is provided to you free of charge, Pioneer offers limited warranties.

Pioneer warrants that the Software has been developed and made available in accordance with the usual industry standards for free software.
However, in all other respects, the Software is provided “AS IS” and “WITH ALL FAULTS.” This means you accept the software in its current condition, with any potential defects.
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 use the Software entirely at your own risk. This is a standard clause in software licenses, especially for free software, limiting the provider’s liability.

No Warranty of Specific Performance

Pioneer and its suppliers and licensors specifically do not warrant that:

The Software will be error-free: Software may contain bugs or defects.
Your use of the Software will be uninterrupted or error-free: Performance may be affected by various factors.
The Software will meet your specific requirements: The software is provided based on general specifications, not individual needs.
The Software will operate with your chosen hardware or software configuration: Compatibility issues may arise.

No Additional Warranties

No verbal or written statements made by Pioneer Group or others should be construed as warranties from Pioneer. “Pioneer Group” includes Pioneer, its subsidiaries, affiliates, owners, directors, officers, employees, agents, suppliers, distributors, dealers, licensors, and other representatives. This clause reinforces that only the written warranty in this agreement is valid.

IV. License Breach: Consequences of Non-Compliance

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 Pioneer for such harm.
In addition to seeking financial compensation and any other remedies available under law, Pioneer is entitled to seek injunctive relief. This means Pioneer can seek a court order to stop you from continuing or threatening to breach the License terms. This clause highlights the seriousness of breaching the license terms and Pioneer’s right to seek legal remedies beyond just monetary compensation.

V. Changes to This License: Pioneer’s Right to Modify

Pioneer reserves the right to modify this License at any time.

Pioneer will provide advance notice of any changes and the date they become effective.
Notification will be given by posting a notice on Pioneer’s website or through other appropriate means.
Your continued use of the Pioneer 12s Product after such notice constitutes your agreement to the revised License. It is your responsibility to stay informed of any updates to this agreement.

VI. Termination: Ending the License Agreement

This License remains in effect until terminated.

Termination by You: You may terminate this License at any time by destroying and deleting the Software and Documentation.
Termination by Pioneer: Pioneer may terminate this License at any time if you breach any provision of this agreement.
Consequences of Termination: Upon termination, you must cease all use of the Software and Documentation and destroy all copies in your possession. You may be required to confirm in writing to Pioneer that you have done so.
Clauses that Survive Termination: Sections 2.2, 2.3, 3, 4, and 7 of this License will continue to be in effect even after the termination of this License. These sections typically cover restrictions, disclaimers, breach consequences, and general legal terms.

VII. General Terms: Governing Law and Legal Framework

This section outlines the general legal terms governing the License.

7.1 Governing Law: The governing law of this License depends on your place of residence:

EEA Residents: If you reside in a member state of the European Economic Area (EEA), this License is governed by and construed in accordance with the laws of Belgium.
U.S. Residents: If you reside in the United States, this License is governed by and construed in accordance with the laws of the State of California, U.S.A.
Canadian Residents: If you reside in Canada, this License is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada.
Residents Outside EEA, U.S., or Canada: If you reside in any territory outside the EEA, United States, or Canada, this License is governed by and construed in accordance with the laws of Japan. This section clarifies which jurisdiction’s laws will apply in case of legal disputes, based on your location.

7.2 Jurisdiction: Pioneer aims to resolve disputes amicably.

Amicable Resolution: Both parties agree to make good faith efforts to resolve any disputes or controversies arising from or related to this License through amicable discussions.
Arbitration: If amicable settlement fails:
- EEA Residents: Parties can choose to settle claims through binding arbitration.
- Residents Outside EEA: All claims shall be settled by binding arbitration.
- Arbitration Process: Arbitration will be conducted under the rules of the International Chamber of Commerce by three arbitrators.
- Arbitration Location:
  - EEA Residents: Brussels, Belgium (English language).
  - U.S. Residents: New York, New York; Dallas, Texas; or Los Angeles County, California.
  - Canadian Residents: Vancouver, BC, Toronto, ON, or Quebec, QC.
  - Other Territories: Tokyo, Japan.
- The arbitration award will be final and binding.
Court Jurisdiction (EEA and Canada):
- EEA Residents (No Arbitration Agreement): Belgian courts have exclusive jurisdiction if arbitration is not agreed upon.
- Canadian Residents (Unenforceable Arbitration): Courts in Toronto have exclusive jurisdiction if arbitration is not enforceable, unless prohibited by law. This section outlines the dispute resolution process, prioritizing amicable settlement and then specifying arbitration or court jurisdiction based on location.

7.3 Exclusion of Remedies: To the maximum extent permitted by law, Pioneer Group limits its liability for damages.

Excluding cases of Pioneer’s willful misconduct, gross negligence, or death/physical injury caused by Pioneer’s acts or omissions, Pioneer Group and its suppliers/licensors are not 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 limitation applies regardless of the cause of action and even if Pioneer Group was advised of the possibility of such damages. This clause significantly limits Pioneer’s liability for various types of damages, typical in software licenses to protect providers from extensive claims.

7.4 Limitation of Liability: Pioneer Group’s total liability is capped.

To the maximum extent permitted by law, under any theory of liability (contract, tort, etc.), excluding Pioneer’s willful misconduct, gross negligence, or death/physical injury caused by Pioneer’s actions, the aggregate liability of Pioneer Group and third-party suppliers/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 paid for the Pioneer 12s Product.
This limitation is cumulative across Pioneer Group and its suppliers/licensors. This sets a maximum financial cap on Pioneer’s potential liability, further protecting them from large financial claims.

7.5. Your Specific Rights: This License may not override consumer rights in certain jurisdictions.

Some jurisdictions do not allow the exclusion of certain damages or limitations of liability.
Therefore, the exclusions or limitations in this License may not apply to you if they are prohibited by applicable law in your jurisdiction.
Your specific legal rights may vary depending on your jurisdiction. This acknowledges that local laws may provide consumers with rights that supersede parts of this agreement.

7.6 Essential Purpose: The disclaimers and limitations apply even if a remedy fails its essential purpose, unless restricted by law. This ensures the limitations are upheld as much as legally possible, even if a specific remedy within the agreement is ineffective.

7.7 Severability and Waiver: If any part of this License is deemed illegal or unenforceable, the rest of the License remains valid.

If any provision is held to be illegal, invalid, or unenforceable, it will be enforced to the extent possible. If complete enforcement is not possible, that provision will be removed from the License.
The remaining provisions of the License will continue in full force and effect.
Any waiver of a breach or failure to enforce a provision in one instance does not constitute a waiver for future breaches or other provisions. This ensures that if one clause is invalidated, the rest of the agreement remains in effect and that failing to enforce a clause once doesn’t mean it’s waived permanently.

7.8 No Assignment: You cannot transfer this License without Pioneer’s consent.

You may not assign, sell, delegate, or transfer this License or any rights or obligations under it without obtaining Pioneer’s prior written consent.
Pioneer, however, may freely assign or transfer this License or any of its rights or obligations.
Pioneer will provide advance notice if an assignment or transfer impacts your guarantees. This clause prevents you from transferring your license to someone else, while allowing Pioneer flexibility in their business operations.

7.9 Entire Agreement: This License constitutes the complete agreement between you and Pioneer.

This License is the entire agreement regarding the Software and Documentation and supersedes any prior agreements or discussions.
It cannot be modified or amended without Pioneer’s express written consent.
No other act, document, usage, or custom will be considered to amend or modify this License.
The term “including” in this License means “including without limitation.” This clause ensures that this document is the definitive and complete agreement and clarifies the interpretation of the word “including.”

VIII. Contact Us: Getting in Touch with Pioneer

If you have any questions or complaints regarding this License, you can reach Pioneer through the following channels:

Website: Visit Pioneer’s product support website at https://global.pioneer/en/product_support/support/
Postal Mail: You can also contact Pioneer via postal mail at one of the following addresses, depending on your region:
- Pioneer Corporation (Japan):
  Attn: Customer Support
  28-8, Honkomagome 2-Chome Bunkyo-Ku, Tokyo 113-0021, Japan
- Pioneer Electronics AsiaCentre Pte. Ltd. (Singapore):
  Attn: Service Centre
  2 Jalan Kilang Barat, #07-01 Singapore 159346
- Pioneer Europe NV (Belgium):
  Attn: Customer Support
  Haven 1087, Keetberglaan 1 9120 Melsele, Belgium
- Pioneer Electronics (USA) Inc. (USA):
  Attn: Service & Support
  970 W. 190th Street, Suite 360, Torrance, CA 90502 U.S.A.

Revision Date: This End-User License Agreement was last revised on December 16, 2019 (version 1.0). Please ensure you are reviewing the most current version when using your Pioneer 12s product software.