Pioneer DMH-160BT End-User License Agreement: Understanding Your Software Rights

This End-User License Agreement (“License”) is a crucial legal document that governs your use of the software associated with your Pioneer DMH-160BT multimedia receiver. Please read this agreement carefully before installing or using the software to fully understand your rights and responsibilities. This document, revised on December 16, 2019, version 1.0, is a legally binding agreement between you, the end-user, 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 to use the software, you are agreeing to be bound by the terms and conditions outlined in this License.

It is essential to acknowledge that this License is enforceable just like any written agreement that you would sign. This License pertains specifically to the use of the software and accompanying documentation, both of which are defined in detail below. Take your time to read through this License meticulously.

Before Proceeding, Ensure You Understand and Agree:

Before clicking the “Accept” button or using the software in any way, it’s vital that you:

Read this License: Ensure you have thoroughly read and understood the entirety of this End-User License Agreement.
Understand this License: Confirm that you comprehend all the terms and conditions stipulated within this License.
Agree to be Bound: Explicitly agree to adhere to all the terms and conditions outlined in this License.

Your acknowledgement and agreement are confirmed by either:

Clicking the Acceptance Button: Selecting the “Accept” button on the electronic version of this License.
Installing or Using the Software: Proceeding to install or use any part of the software provided for your Pioneer DMH-160BT.

Age Restriction:

If you are not of legal age in your location to enter into this agreement, a parent or legal guardian must review and agree to these terms on your behalf before you install or use the software. Pioneer does not intend to provide the software for use by children under the age of 16 and does not knowingly do so.

Non-Acceptance of Terms:

If you do not agree with the terms and conditions of this License, you must not click the “Accept” button and should refrain from installing or using any part of the software for your Pioneer DMH-160BT.

1. Definitions Explained

To ensure clarity throughout this License, the following terms are defined:

1.1 “Documentation”: This refers to any written help content and user manuals provided by Pioneer to assist you in effectively using the Software on your Pioneer DMH-160BT. This documentation is designed to guide you through the features and functionalities of the software.

1.2 “Software”: This specifically means the firmware update provided to you by Pioneer. This software is intended exclusively for your use with the Pioneer DMH-160BT Product. It is crucial to use this software only for its intended purpose – updating the firmware of your compatible Pioneer device.

1.3 “Product”: This term designates the multimedia receiver model, specifically the Pioneer DMH-160BT, distributed and sold by Pioneer. The Software licensed under this agreement is designed to function with this particular product model.

1.4 “Licensor”: This refers to any third party who grants Pioneer the rights to use copyrights, trademarks, and other intellectual property rights. These rights are related to content, text, images, data, software, and information that are incorporated within the Software of your Pioneer DMH-160BT.

2. Limited License Granted

2.1 Authorized Use: 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 DMH-160BT Product(s). This means you are permitted to use the software, but you do not own it, and your usage is subject to the terms defined in this agreement.

2.2 Restrictions: This section outlines what you are not permitted to do with the Software and Documentation.

No Copying or Unauthorized Use: You are prohibited from copying or using the Software or Documentation except as explicitly allowed within this License. Any use outside of what is permitted is a violation of this agreement.
No Distribution or Transfer: You may not distribute, transfer, sublicense, rent, lease, lend, sell, or allow any third party to use the Software. The license is granted to you as the end-user and does not extend to others.
No Modification or Reverse Engineering: You are restricted 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 you have provided written notification to Pioneer detailing your intended activities. This clause protects Pioneer’s intellectual property and software integrity.

2.3 Export Controls: You must comply with all applicable export and re-export control laws and regulations.

Compliance with Laws: You are prohibited from using, exporting, or re-exporting the Licensed Software or Documentation except as authorized by United States law and the laws of the jurisdiction where you obtained the Software or Documentation.
Embargoed Countries and Restricted Parties: Specifically, and without limitation, the Software or Documentation cannot be exported or re-exported (a) into any U.S.-embargoed countries or (b) to 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.
Representation and Warranty: By using the Licensed Software or Documentation, you confirm that you are not located in any such country or on any such list.
Prohibited Purposes: You agree not to use the Licensed Software or Documentation for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

2.4 Ownership: Pioneer and its Licensors retain all rights, title, and interest in the Software and Documentation.

Intellectual Property Rights: You acknowledge that any right, title, or interest in the Software and Documentation, including but not limited to patent, trademark, design, copyright, or any other intellectual property rights, remains with Pioneer and/or its Licensor.
Limited License: No right, title, or interest in the Software and Documentation is granted or transferred to you under this License, except for the limited usage rights explicitly stated in Section 2.1.
No Implied Rights: You agree that you do not acquire any rights, express or implied, beyond the limited license described in Section 2.1.

2.5 Restricted Rights Legend: This section pertains to government end users in the United States.

Commercial Computer Software: The Software is classified as “commercial computer software” or “commercial computer software documentation” as defined in specific sections of the U.S. Code of Federal Regulations (48 C.F.R. 252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007)).
U.S. Government Rights: The U.S. Government’s rights regarding the Software are limited by this License, in accordance with FAR §§ 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable.
Commercial Items: The Software is licensed to U.S. Government end users (a) only as “Commercial Items” as defined in FAR 2.101 and incorporated in DFAR 212.102; and (b) with only those limited rights granted to the public under this License.
No Greater Rights: Under no circumstances will the U.S. Government or its end users be granted any rights greater than those granted to other users as provided in this License.
Manufacturer Information: The manufacturer is identified as Pioneer Corporation, located at 28-8, Honkomagome 2-chome, Bunkyo-ku, Tokyo, 113-0021 Japan.

2.6 Corrections and Support: Pioneer’s obligations regarding software corrections and support are defined.

Discretionary Corrections: While Pioneer may choose to make corrections to the Software available, it is not obligated to do so.
No Obligation for Support: Pioneer is not obligated to provide any support, maintenance, or updates for the Software or Documentation. This is important to note as you are using the software at your own discretion and without guaranteed ongoing support.

3. Disclaimer of Warranties

Given that the Software for your Pioneer DMH-160BT is licensed to you free of charge, the warranty is limited.

Limited Warranty: Pioneer warrants only that the Software has been developed and made available following the usual industry standards for free software. This is a minimal warranty acknowledging the development process.
“AS IS” Provision: In all other respects, there is no warranty for the Software. It is provided “AS IS AND WITH ALL FAULTS.” This means you accept the software in its current state, with any potential defects.
Disclaimer of Other Warranties: 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.
Use at Your Own Risk: You acknowledge and agree that you are using the Software entirely at your own risk.

Specifically, Pioneer and its suppliers and licensors do not warrant that:

Error-Free Software: The Software will be completely free from errors.
Uninterrupted or Error-Free Use: Your use of the Software will be continuous or without any errors.
Meeting Your Requirements: The Software will perfectly meet all of your specific requirements or expectations.
Hardware/Software Compatibility: The Software will operate flawlessly with your chosen hardware or software configuration.

No Additional Warranties: No statements, whether written or oral, by Pioneer Group or others, will constitute warranties from Pioneer beyond what is explicitly stated in this License. “Pioneer Group” encompasses Pioneer and its subsidiaries, affiliates, owners, directors, officers, employees, agents, suppliers, distributors, dealers, licensors, and other representatives.

4. License Breach Consequences

You acknowledge and agree that any violation of the restrictions within this License would cause irreparable harm to Pioneer.

Irreparable Harm: Breaching the terms of this License would cause damage to Pioneer that cannot be adequately compensated by monetary damages alone.
Injunctive Relief: In addition to financial compensation and any other legal remedies available to Pioneer, you agree that Pioneer may seek injunctive relief. This means Pioneer can pursue a court order to stop any actual, threatened, or continued breach of these License terms. This is to prevent ongoing or potential harm to Pioneer’s rights.

5. License Modifications

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

Right to Modify: Pioneer can change the terms of this License at its discretion.
Advance Notice: Pioneer will provide advance notice of any changes and the date they become effective. This notice will be posted on Pioneer’s website or through other appropriate communication channels.
Agreement to Revised License: Your continued use of the Pioneer DMH-160BT Product after such notice constitutes your agreement to the revised License. It is your responsibility to review these updates to stay informed of the current terms.

6. Termination of License

This License remains in effect until terminated.

Your Termination Rights: You have the right to terminate this License at any time by destroying and deleting the Software and Documentation from your systems.
Pioneer’s Termination Rights: Pioneer may terminate this License at any time 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. You may be required to confirm to Pioneer in writing that you have done so.
Surviving Sections: Certain sections of this License, specifically 2.2, 2.3, 3, 4, and 7, will remain in effect even after the termination of this License. These sections relate to restrictions, disclaimers, breach consequences, and general terms, which are designed to protect Pioneer’s interests even after the license is no longer active.

7. General Terms and Legal Framework

7.1 Governing Law: The jurisdiction and applicable law for this License depend on your place of residence.

EEA Residents: If you reside in any member state of the European Economic Area (EEA), this License is governed by and construed in accordance with Belgian law.
U.S. Residents: If you are a resident of the United States, this License is governed by and interpreted under the laws of the State of California, U.S.A.
Canadian Residents: For residents of Canada, this License is governed by the laws of the Province of Ontario and the federal laws of Canada.
Residents Outside EEA, U.S., and Canada: If you reside in any territory outside the EEA, United States, or Canada, this License is governed by and construed according to the laws of Japan.

7.2 Jurisdiction and Dispute Resolution: Procedures for resolving disputes are outlined based on your residency.

Amicable Resolution: Both parties agree to make good faith efforts to resolve any disputes or controversies arising from or related to this License amicably.
Arbitration: If an amicable settlement cannot be reached:
- EEA Residents: Parties can choose to settle claims through binding arbitration under the arbitration rules of the International Chamber of Commerce, with arbitration held in Brussels, Belgium, in English.
- Non-EEA Residents: All claims shall be finally settled by binding arbitration as per the rules of the International Chamber of Commerce. Arbitration location varies based on residency (U.S.: New York, Dallas, or Los Angeles; Canada: Vancouver, Toronto, or Quebec; Other: Tokyo).
- Arbitration Award: The arbitration award will be final, binding, and reasoned.
Court Jurisdiction:
- EEA Residents: If arbitration is not agreed upon, Belgian courts have exclusive jurisdiction.
- Canadian Residents: If arbitration is unenforceable, courts in Toronto have exclusive jurisdiction, unless prohibited by law.

7.3 Exclusion of Remedies: Pioneer’s liability for certain types of damages is limited.

Limitation of Liability for Indirect Damages: To the maximum extent permitted by law, Pioneer Group and its third-party suppliers or licensors are not liable for any indirect, special, incidental, punitive, exemplary, or consequential damages. This includes lost data or economic loss arising from this License or your use of the Software. This exclusion applies regardless of the cause of action and even if Pioneer Group was advised of potential damages.
Exceptions: This exclusion does not apply in cases of Pioneer’s willful misconduct, gross negligence, or in the event of death or physical injury resulting from Pioneer’s acts or omissions.

7.4 Limitation of Liability: Pioneer’s overall financial liability is capped.

Maximum Aggregate Liability: To the maximum extent permitted by law, the aggregate liability of Pioneer Group and third-party suppliers and licensors for any damages or claims related to this License or the Pioneer DMH-160BT Product is limited to the greater of US$10.00 or the price you paid for the Pioneer product for which the Software is provided.
Cumulative Limitation: This limitation is cumulative across all claims and payments.

7.5 Your Specific Rights: Legal rights vary by jurisdiction.

Jurisdictional Variations: Some jurisdictions may not allow the exclusion of certain damages or limitation of liability. Therefore, some of the above exclusions or limitations may not apply to you, depending on applicable law.
Varying Legal Rights: Your specific legal rights can differ from one jurisdiction to another.

7.6 Essential Purpose: Disclaimers and limitations apply even if remedies fail.

Enforceability Despite Remedy Failure: Unless restricted 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: Provisions are in place for the enforceability and modification of the License terms.

Severability: If any provision of this License is deemed illegal, invalid, or unenforceable, that provision will be enforced to the maximum extent possible. If unenforceable, it will be removed from this License without affecting the validity of the remaining provisions.
No Waiver: Any waiver of a breach or failure to enforce any provision of this License does not constitute a future waiver of that term or any other provision.

7.8 No Assignment: Restrictions on License transfer are defined.

No Assignment by You: You are prohibited from assigning, selling, delegating, or transferring this License or any associated rights or obligations without Pioneer’s prior written consent.
Assignment by Pioneer: Pioneer is permitted to freely assign or transfer this License or any of its rights or obligations. However, Pioneer will provide advance notice if such transfer affects your guarantees.

7.9 Entire Agreement: This License constitutes the complete agreement.

Complete Agreement: This License represents the entire agreement between you and Pioneer regarding the Software and Documentation for your Pioneer DMH-160BT.
No Modifications Without Written Consent: This License cannot be modified or amended without Pioneer’s express prior written consent. No other act, document, usage, or custom will be considered to amend or modify this License.
Interpretation of “Including”: The term “including” in this License means “including without limitation.”

8. Contact Information

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

Website: Visit https://global.pioneer/en/product_support/support/ for online support and information.
Postal Mail Addresses:
- 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.

Revised: Version 1.0: December 16, 2019.