This End-User License Agreement (“License”) is a legally binding agreement between you, the end user, and Pioneer Corporation regarding your use of the software associated with Pioneer products, particularly relevant to models like the Pioneer Dmh-t450ex multimedia receiver. By clicking “accept” or installing/using the software, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions outlined in this License. If you disagree with any part of this agreement, do not proceed with installation or use of the software.
1. Definitions Explained
To ensure clarity, let’s define key terms used throughout this agreement:
- Documentation: This refers to any written help content or user guides provided by Pioneer to assist you in effectively using the Software.
- Software: This specifically means the firmware updates provided by Pioneer for use exclusively with your Pioneer Product, such as the DMH-T450EX car stereo receiver.
- Product: This is the Pioneer multimedia receiver hardware, like the DMH-T450EX, that you purchased and for which this Software license is granted.
- Licensor: This term denotes any third-party entity that holds intellectual property rights (copyrights, trademarks, etc.) for content, text, images, or software components incorporated within the Pioneer Software.
2. Grant of Limited License and Usage Restrictions
2.1 Scope of Authorized Use
Pioneer grants you a limited, non-exclusive, non-transferable, and royalty-free license. This license permits you to install and use the Software solely in conjunction with your Pioneer Product. For instance, this license allows you to update the firmware on your Pioneer DMH-T450EX receiver using the provided Software.
2.2 Usage Limitations and Prohibitions
This license comes with specific restrictions designed to protect Pioneer’s intellectual property and ensure proper software usage:
- No Copying or Unauthorized Use: You are strictly prohibited from copying 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 means you cannot share the firmware update for your Pioneer DMH-T450EX with others.
- No Modification or Reverse Engineering: Modifying, reverse engineering, decompiling, disassembling, or reducing the Software to a human-readable format is forbidden. Legal exceptions may apply, but require prior written notification to Pioneer outlining your intended activities.
2.3 Export Compliance
Using or exporting the Software and Documentation is subject to export control regulations, particularly those of the United States.
- Compliance with Laws: You must comply with all applicable export laws of the United States and your local jurisdiction.
- Prohibited Destinations and Parties: You are prohibited from exporting or re-exporting the Software or Documentation to countries embargoed by the U.S. or to individuals/entities listed on U.S. government restricted parties lists.
- User Representation: By using the Software, you warrant that you are not located in any such restricted country or on any restricted party list and will not use the Software for purposes prohibited by law, including the development of weapons of mass destruction.
2.4 Software Ownership and Intellectual Property
Pioneer and its Licensors retain all rights, title, and interest in the Software and Documentation, including all associated intellectual property rights (patents, trademarks, copyrights, etc.). This License does not grant or transfer any ownership rights to you, except for the limited usage rights explicitly stated in Section 2.1. You acknowledge that your rights are limited to the scope of this license.
2.5 U.S. Government End Users – Restricted Rights
For U.S. Government end users, the Software is classified as “commercial computer software” and “commercial computer software documentation.” U.S. Government rights regarding the Software are limited by this License, in accordance with relevant regulations (FAR and DFAR). The Software is licensed as a “Commercial Item” with only the limited rights granted to the public under this License. The U.S. Government’s rights shall not exceed those granted to other users. Pioneer Corporation is identified as the Manufacturer.
2.6 Software Corrections and Support Policy
While Pioneer may, at its discretion, release software corrections, it is not obligated to provide any corrections, ongoing support, maintenance, or updates for the Software or Documentation. This means that for your Pioneer DMH-T450EX, future updates are not guaranteed.
3. Disclaimer of Warranties – Software Provided “As Is”
Given that the Software is provided to you free of charge, Pioneer offers a limited warranty: the Software is developed and made available according to standard industry practices for free software.
Except for this limited warranty, 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, warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risks associated with using the Software.
Specifically, Pioneer does not warrant that:
- The Software will be completely error-free.
- Your use of the Software will be uninterrupted or error-free.
- The Software will perfectly meet all your requirements.
- The Software will be compatible with your chosen hardware or software configurations beyond the intended Pioneer Product like the DMH-T450EX.
No statements, whether written or oral, from Pioneer Group or any other party, shall constitute warranties from Pioneer beyond what is explicitly stated in this section. “Pioneer Group” encompasses Pioneer, its subsidiaries, affiliates, and their respective stakeholders.
4. Consequences of 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, or threatened breach, Pioneer is entitled to seek injunctive relief (a court order to stop the violating activity) in addition to any other legal remedies available, including financial compensation for damages.
5. License Modifications and Updates
Pioneer reserves the right to modify this License at any time. Pioneer will provide advance notice of any changes and their effective date by posting a notice on its website or through other appropriate communication channels. Your continued use of the Product(s) after such notification signifies your acceptance of the revised License terms. It is your responsibility to review the updated License when notified.
6. License Termination
This License remains in effect until terminated.
- Your Termination Rights: You may terminate this License at any time by destroying and deleting all copies of the Software and Documentation.
- Pioneer’s Termination Rights: Pioneer may terminate this License immediately if you breach any provision of this agreement.
- Post-Termination Obligations: Upon termination, you must cease all use of the Software and Documentation and destroy all copies in your possession, and confirm this action to Pioneer in writing.
Sections 2.2, 2.3, 3, 4, and 7 of this License will remain in force even after termination.
7. General Legal Terms
7.1 Governing Law
The governing law for this License depends on your place of residence:
- EEA Residents: Belgian law governs.
- U.S. Residents: Laws of the State of California, U.S.A. govern.
- Canadian Residents: Laws of the Province of Ontario and federal laws of Canada govern.
- Residents Outside EEA, U.S., or Canada: Japanese law governs.
7.2 Dispute Resolution and Jurisdiction
Pioneer and you agree to attempt to resolve any disputes arising from this License amicably through good-faith efforts.
- Arbitration: If amicable settlement fails, residents outside the EEA and potentially EEA residents (if mutually agreed) will settle claims through binding arbitration under the International Chamber of Commerce rules. Arbitration location varies by residency: Brussels (EEA), designated U.S. regional venues, Canadian regional venues, or Tokyo (other territories). Arbitration awards are final and binding.
- Jurisdiction: For EEA residents (if arbitration is not chosen), 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 – Limitation of Liability
To the maximum extent legally permissible, Pioneer Group and its suppliers/licensors are not liable for any indirect, special, incidental, punitive, exemplary, or consequential damages (including lost data or economic loss) arising from this License or your use/inability to use the Software, except in cases of Pioneer’s willful misconduct, gross negligence, or user death/physical injury directly resulting from Pioneer’s actions or omissions. This limitation applies regardless of the legal basis of the claim, even if Pioneer was advised of potential damages.
7.4 Financial Cap on Liability
To the maximum extent legally permissible, the total aggregate liability of Pioneer Group and its third-party suppliers/licensors for all damages/claims related to this License, the Software, or any Product is limited to the greater of US$10.00 or the original purchase price of the Pioneer product (e.g., DMH-T450EX) for which the Software was provided. This liability cap is cumulative across all claims.
7.5 Your Legal Rights May Vary
Some jurisdictions do not allow the exclusion of certain damages or limitations of liability. Therefore, some of the exclusions or limitations in this License may not apply to you, depending on applicable laws. Your specific legal rights vary by jurisdiction.
7.6 Essential Purpose Clause
Unless limited or modified by applicable law, the disclaimers, exclusions, and limitations 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, it will be enforced to the maximum extent possible or removed from the License, with the remaining provisions remaining in full effect. Failure to enforce any provision does not constitute a waiver of future enforcement rights.
7.8 No Assignment by You
You may not assign or transfer this License or any rights/obligations without Pioneer’s prior written consent. Pioneer, however, may freely assign or transfer this License, providing advance notice if it impacts your guarantees.
7.9 Entire Agreement
This License constitutes the complete and exclusive agreement between you and Pioneer regarding the Software and Documentation. It supersedes all prior agreements and communications. Modifications to this License require Pioneer’s express written consent. No other actions, documents, customs, or usages can amend or modify this License. The term “including” means “including without limitation.”
8. Contact Information for Inquiries
If you have questions or complaints about this License, please visit Pioneer’s customer support website: https://global.pioneer/en/product_support/support/ or contact Pioneer via 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
