Pioneer AVH-521EX End-User License Agreement

This End-User License Agreement, last updated on December 16, 2019, version 1.0, constitutes a legally binding agreement between you, the end-user (individual or legal entity), and Pioneer Corporation, [0406.999.132 (PIONEER EUROPE NV)], located at 28-8, Honkomagome 2-chome, Bunkyo-ku, Tokyo 113-0021, Japan (“Pioneer,” “We,” or “Us”). By proceeding, you acknowledge and agree that this License holds the same legal weight as a written, negotiated agreement that you have personally signed. This License governs your use of the Software and Documentation as defined below. Please read this License with due care.

By clicking the acceptance button or by installing or using the Software in any manner, you are confirming that you have read, understood, and agreed to be legally bound by all terms and conditions outlined in this License.

If you are under the legal age of consent in your jurisdiction to agree to these terms, your parent or legal guardian must consent to these terms on your behalf before you install or use the Software. Pioneer does not intend to, nor knowingly provides, the Software for use by children under the age of 16.

If you do not agree with the terms and conditions of this License, please refrain from clicking the acceptance button and do not install or use any part of the Software.

1. DEFINITIONS

1.1 “Documentation” refers to any written help content or documentation provided by Pioneer to assist in the use of the Software.

1.2 “Software” pertains to the firmware update supplied to you by Pioneer exclusively for use with the Product(s). This Software is integral to the functionality of your Pioneer Avh-521ex and other compatible Pioneer multimedia receivers.

1.3 “Product” denotes the Pioneer multimedia receiver model, including but not limited to the pioneer avh-521ex, distributed and sold by Pioneer, for which this Software license is granted.

1.4 “Licensor” signifies any third party that licenses 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 restricted, non-exclusive, non-transferable, and royalty-free license to install and utilize the Software solely with the Product(s), such as your pioneer avh-521ex. This license is specifically for your personal use and operation of your Pioneer device.

• 2.2 Restrictions. You are prohibited from copying, distributing, transferring, sublicensing, renting, leasing, lending, selling, or otherwise allowing any third party to use the Software or Documentation, except as explicitly permitted in this License. Modifying, reverse engineering, decompiling, disassembling, or reducing the Software to a human-perceivable form is strictly forbidden, except to the extent explicitly allowed by applicable law and only after providing written notice to Pioneer detailing your intended activities. Maintaining the integrity of the Software for pioneer avh-521ex and other Pioneer products is paramount.

• 2.3 Export Controls. You are obligated to comply with all applicable export and re-export laws and regulations, including those of the United States. You may not export or re-export the Software or Documentation to any U.S.-embargoed countries or to individuals or entities 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, you warrant that you are not located in any such country or on any such list and that you will not use the Software for any purposes prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

• 2.4 Ownership. Pioneer and/or its Licensor retain all rights, titles, and interests in the Software and Documentation, including all intellectual property rights. This License does not grant or transfer to you any ownership rights, express or implied, beyond the limited license specified in Section 2.1. You acknowledge that your rights are limited to the usage explicitly granted under this License and pertain specifically to the operation of your pioneer avh-521ex or other compatible Pioneer Product.

• 2.5 Restricted Rights Legend. For U.S. Government end users, the Software is considered “commercial computer software” and “commercial computer software documentation” as defined in relevant federal regulations. The U.S. Government’s rights concerning the Software are limited by this License, consistent with standard regulations for commercial items and restricted rights granted to the public. The manufacturer is Pioneer Corporation, located at the address previously mentioned.

• 2.6 Corrections; No Support. While Pioneer may, at its discretion, provide corrections to the Software, there is no obligation to provide such corrections, or any support, maintenance, or updates for the Software or Documentation. Users of pioneer avh-521ex and other Pioneer products acknowledge that software updates and support are not guaranteed under this License.

3. DISCLAIMER OF WARRANTIES

Given that the Software is provided to you free of charge, Pioneer’s warranty is limited to ensuring that the Software has been developed and made available in accordance with industry standards for free software. In all other respects, the Software is provided “AS IS AND WITH ALL FAULTS,” and Pioneer, its suppliers, and licensors disclaim all other warranties, whether express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the Software is at your own risk. This disclaimer is crucial for understanding the limitations associated with the free Software provided for your pioneer avh-521ex.

Pioneer and its suppliers and licensors do not warrant that:

1. The Software will be error-free.
2. Your use of the Software will be uninterrupted or error-free.
3. The Software will meet your specific requirements.
4. The Software will be compatible with your chosen hardware or software configurations.

No oral or written statements made by Pioneer Group or others shall constitute warranties from Pioneer. “Pioneer Group” encompasses Pioneer, 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, for which monetary damages alone would be insufficient. In the event of a breach, Pioneer is entitled to seek injunctive relief, in addition to any other legal remedies available, to prevent actual, threatened, or continued breaches of these License terms. This is to protect Pioneer’s intellectual property and the integrity of the Software associated with products like the pioneer avh-521ex.

5. CHANGES TO THIS LICENSE

Pioneer reserves the right to modify this License at any time. Advance notice of any changes, including the effective date, will be provided by posting a notice on Pioneer’s website or through other appropriate means. Your continued use of the Product(s), including the pioneer avh-521ex, after such notice constitutes your agreement to the revised License. It is your responsibility to review any updated versions of this License.

6. TERMINATION

This License remains in effect until terminated. You may terminate this License at any point by destroying and deleting the Software and Documentation. Pioneer may terminate this License at any time if you breach any provision. Upon termination, you must cease using the Software and Documentation and destroy all copies in your possession, confirming such destruction to Pioneer upon request. Sections 2.2, 2.3, 3, 4, and 7 will remain in force even after termination of this License.

7. GENERAL TERMS

• 7.1 Governing Law. The governing law for this License varies based on your residency. If you are a resident of the European Economic Area (EEA), Belgian law applies. If you are a resident of the United States, the laws of the State of California, U.S.A., govern. For residents of Canada, the laws of the Province of Ontario and applicable federal laws of Canada apply. For residents outside the EEA, United States, or Canada, this License is governed by the laws of Japan.

• 7.2 Jurisdiction. Disputes arising from or in connection with this License will initially be addressed through good faith efforts to reach an amicable resolution. If amicable settlement fails, residents of EEA member states may opt for binding arbitration under the arbitration rules of the International Chamber of Commerce, held in Brussels, Belgium, in English. Residents outside the EEA may also have claims settled by binding arbitration in designated regional venues or Tokyo, Japan, depending on residency. For residents of EEA member states, if arbitration is not agreed upon, Belgian courts have exclusive jurisdiction. For Canadian residents, if arbitration is unenforceable, 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 shall not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages arising from this License or your use of the Software. This exclusion includes, without limitation, lost data or economic loss, regardless of the cause of action, even if Pioneer Group has been advised of the possibility of such damages. This limitation is applicable to users of the Software for pioneer avh-521ex and other Pioneer Products.

• 7.4 LIMITATION OF LIABILITY. To the maximum extent permitted by law, the 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 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 Pioneer Group and its third-party suppliers and licensors.

• 7.5. YOUR SPECIFIC RIGHTS. Some jurisdictions do not permit the exclusion of certain damages or limitations of liability, so the above exclusions or limitations may not apply to you to the extent prohibited by applicable law. Your legal rights may vary by jurisdiction.

• 7.6 ESSENTIAL PURPOSE. Unless restricted by applicable law, the disclaimers, exclusions, and limitations specified in this License remain in effect, 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, it will be enforced to the maximum extent permissible or, if unenforceable, severed from this License. The remainder of the License will remain in full effect. No waiver of any breach or failure to enforce any provision will be considered a waiver of future enforcement.

• 7.8 No Assignment. You are prohibited from assigning, selling, delegating, or transferring this License or any rights or obligations without Pioneer’s prior written consent. Pioneer may freely assign or transfer this License or its rights or obligations, providing notice in advance if such transfer impacts your guarantees.

• 7.9 Entire Agreement. This License constitutes the complete agreement between you and Pioneer regarding the Software and Documentation and supersedes all prior agreements and understandings. Modifications or amendments to this License require Pioneer’s express written consent and no other act, document, usage, or custom will be deemed to modify this License. The term “including” means “including without limitation.”

8. CONTACT US

For questions or complaints regarding 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