This document outlines the End-User License Agreement (“License”) between you (“You” or “Your”) and Pioneer Corporation regarding the software provided for use with Pioneer products, potentially including models like the Pioneer Dmh-wt3800nex. This agreement is a legally binding document, and by using the software, you agree to be bound by its terms and conditions. Please read this License carefully before using the software.
By clicking “accept” or installing/using the software, you acknowledge that you have read, understood, and agreed to be bound by this License. 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 to provide software for use by children under 16. If you do not agree with these terms, do not accept or use the software.
Key Definitions in this License Agreement
To ensure clarity, here are some key definitions used throughout this End-User License Agreement:
- Documentation: Refers to any written help content provided by Pioneer to assist users in operating the Software. This could include manuals or online guides.
- Software: Specifically means the firmware updates provided by Pioneer for use with your Pioneer Product(s). This software is crucial for the functionality of devices like the Pioneer DMH-WT3800NEX.
- Product: Indicates the Pioneer multimedia receiver model, such as the DMH-WT3800NEX, for which this Software license is granted.
- Licensor: A third party that licenses copyrights, trademarks, and other intellectual property rights incorporated within the Software.
Grant of Limited License for Pioneer DMH-WT3800NEX Software
Pioneer grants you a limited, non-exclusive, non-transferable, and royalty-free license to install and use the Software. This license is strictly for use with your Pioneer Product(s), such as the DMH-WT3800NEX, and is subject to the restrictions outlined below.
Restrictions on Software Use
This license includes specific restrictions on how you can use the Software and Documentation. It is important to understand these limitations to ensure compliance:
- 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 allow any third party to use the Software. This means the license is for your personal use with your Pioneer DMH-WT3800NEX only.
- No Modification or Reverse Engineering: Modifying, reverse engineering, decompiling, disassembling, or reducing the Software to a human-perceivable form is forbidden, except to the extent expressly permitted by applicable law. If legally permitted, you must notify Pioneer in writing before undertaking such activities.
- Export Control Compliance: You must comply with all export and re-export laws and regulations, including those of the United States. You are prohibited from exporting or re-exporting the Software or Documentation to U.S.-embargoed countries or to individuals or entities on restricted lists. By using the Software, you confirm that you are not in such a country or on such a list and will not use the Software for prohibited purposes, including the development of weapons.
Software Ownership and Intellectual Property
The Software and Documentation, including all associated intellectual property rights such as patents, trademarks, copyrights, and designs, remain the sole property of Pioneer and/or its Licensors. This License does not grant or transfer any ownership rights to you, beyond the limited usage rights expressly stated in section 2.1. You acknowledge that you are only granted a limited license and do not acquire any other rights, express or implied.
Rights for U.S. Government End Users
For U.S. Government end users, 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 regarding the Software are limited by this License, aligning with standard regulations for commercial items and restricted rights granted to the public. 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 identified as the manufacturer.
Software Corrections and Support Limitations
While Pioneer may choose to provide corrections or updates to the Software, they are under no obligation to do so. Furthermore, Pioneer is not obligated to provide any ongoing support, maintenance, or updates for the Software or Documentation for products like the DMH-WT3800NEX.
Disclaimer of Warranties
Given that the Software is licensed to you free of charge, Pioneer provides a limited warranty. Pioneer warrants that the software was developed and made available following standard industry practices for free software. However, to the maximum extent permitted by law, Pioneer, its suppliers, and licensors disclaim all other warranties, whether express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You use the Software 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 stakeholders.
Breach of License Terms
You acknowledge that any violation of the restrictions outlined in this License could cause irreparable harm to Pioneer. In such cases, monetary damages alone may not be sufficient. Therefore, in addition to other remedies, Pioneer reserves the right to seek injunctive relief to prevent any actual, threatened, or continued breach of these License terms.
License Modifications
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 their website or through other appropriate means. Your continued use of the Product(s) after such notice constitutes your agreement to the revised License.
License Termination
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 may also terminate this License if you breach any of its provisions. Upon termination, you must cease using the Software and Documentation, destroy all copies, and confirm to Pioneer that you have done so. Certain sections of this License, including restrictions, disclaimers, breach consequences, and general terms, will remain in effect even after termination.
General Legal Terms
Governing Law
This License is governed by specific laws depending on your region:
- EEA Residents: Belgian law.
- U.S. Residents: Laws of the State of California, U.S.A.
- Canadian Residents: Laws of the Province of Ontario and federal laws of Canada.
- Residents Outside EEA, U.S., or Canada: Laws of Japan.
Dispute Resolution and Jurisdiction
Pioneer aims to resolve disputes amicably. If amicable resolution is not possible:
- EEA Residents: Option for binding arbitration in Brussels, Belgium, under the International Chamber of Commerce rules, or Belgian courts for exclusive jurisdiction if arbitration is not chosen.
- Residents Outside EEA: Binding arbitration under the International Chamber of Commerce rules, with venues depending on residency (U.S.: New York, Dallas, or Los Angeles; Canada: Vancouver, Toronto, or Quebec; Other: Tokyo).
- Canadian Residents: Courts in Toronto for exclusive jurisdiction if arbitration is unenforceable.
Arbitration awards are final and binding.
Exclusion and Limitation of Liability
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 of the Software. This exclusion applies regardless of the cause of action, even if Pioneer Group was advised of potential damages, except in cases of Pioneer’s willful misconduct, gross negligence, or user death/physical injury due to Pioneer’s acts or omissions.
Under no circumstance, excluding Pioneer’s willful misconduct, gross negligence, or user death/physical injury due to Pioneer’s actions or omissions, will the total liability of Pioneer Group and its suppliers/licensors exceed US$10.00 or the price paid for the Pioneer product (like DMH-WT3800NEX) for which the Software is provided, whichever is greater.
Your Legal Rights
Some jurisdictions may not allow the exclusion of certain damages or limitations of liability. Therefore, some of these exclusions or limitations may not apply to you, depending on applicable laws. Your specific legal rights vary by jurisdiction.
Enforceability and Agreement Integrity
If any part of this License is deemed illegal or unenforceable, that part will be enforced to the maximum extent possible or removed, with the rest of the License remaining in effect. Failure to enforce any provision does not waive future enforcement rights. You may not assign or transfer this License without Pioneer’s written consent; however, Pioneer may freely assign or transfer the License with notice if it affects your guarantees.
This License constitutes the entire agreement between you and Pioneer regarding the Software and Documentation and can only be modified with Pioneer’s written consent. No other actions or customs will modify this License. The term “including” is used to mean “including without limitation.”
Contact Information
For questions or complaints regarding this License, please visit Pioneer’s support website or contact Pioneer by postal mail at the addresses provided, relevant to your region.
This revised End-User License Agreement aims to provide a clearer understanding of your rights and responsibilities when using Pioneer software, particularly in conjunction with products like the Pioneer DMH-WT3800NEX.
