Pioneer Driving Innovation: Understanding Your Software License

This End-User License Agreement (“License”) is a crucial document that governs your relationship with Pioneer Corporation and its software. As you engage with Pioneer’s innovative products, understanding this agreement ensures a smooth and informed user experience. This License, effective as of December 16, 2019, outlines the terms and conditions for using Pioneer’s Software and Documentation, vital components that power your Pioneer product.

Carefully Review This Agreement

Before you proceed with installing or using Pioneer’s Software, it is imperative that you read this License thoroughly. By clicking “Accept” or by installing/using any part of the Software, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions outlined within this License. This agreement is legally binding, just like any signed contract.

If you are under the legal age of consent in your location, your parent or guardian must agree to these terms on your behalf before you can use the Software. Pioneer’s products and software are intended for users aged 16 and above.

If you do not agree with the terms of this License, refrain from clicking “Accept,” and do not install or use the Software.

Key Definitions in Your Pioneer Software License

To fully grasp the scope of this License, it’s essential to understand the key terms used throughout the document:

Documentation: This refers to any written help content provided by Pioneer to assist you in effectively using the Software. It serves as your guide to maximizing the software’s capabilities.
Software: Specifically, this is the firmware update provided by Pioneer for your exclusive use with Pioneer “Product(s).” Software updates are integral to maintaining and enhancing your product’s performance.
Product: This signifies the multimedia receiver model distributed and sold by Pioneer for which this Software license is granted. The License is product-specific, ensuring correct software application.
Licensor: This term denotes any third party who licenses copyrights, trademarks, and other intellectual property rights incorporated within the Software. Pioneer often collaborates with other entities to bring you a comprehensive software experience.

Understanding Your Limited License for Pioneer Software

Pioneer grants you a Limited License to use the Software, which is subject to specific conditions:

2.1 Authorized Use

Pioneer provides you with a limited, non-exclusive, non-transferable, and royalty-free license. This means:

Limited: Your usage rights are defined by this License.
Non-exclusive: Others may also be granted licenses to the same Software.
Non-transferable: You cannot transfer this License to another person or entity.
Royalty-free: You do not need to pay additional fees for the license itself.

This license allows you to install and use the Software solely with the designated Pioneer Product(s). This ensures the software is used as intended and maintains the integrity of your Pioneer product’s operation.

2.2 Usage Restrictions

While Pioneer encourages you to utilize the Software, certain restrictions apply to protect their intellectual property and maintain software integrity:

No Copying or Unauthorized Use: You are prohibited from copying the Software or Documentation, except as explicitly permitted within this License.
No Distribution or Transfer: Distributing, transferring, sublicensing, renting, leasing, lending, selling, or allowing third-party access to the Software is strictly forbidden. This prevents unauthorized proliferation of the Software.
No Modification or Reverse Engineering: Modifying, reverse engineering, decompiling, disassembling, or attempting to reduce the Software to a human-readable format is prohibited. Exceptions may apply only to the extent expressly permitted by applicable law, and even then, only after written notification to Pioneer. These restrictions protect Pioneer’s proprietary software code.

2.3 Export Compliance

Adherence to export control laws is critical:

You must comply with all applicable export and re-export laws, including those of the United States and your jurisdiction.
Specifically, the Software and Documentation cannot be exported or re-exported to:
- U.S.-embargoed countries.
- Individuals or entities 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.
You also agree not to use the Software for any purposes prohibited by United States law, including the development, design, manufacture, or production of weapons of mass destruction. Compliance with export regulations is a legal obligation.

2.4 Ownership of Intellectual Property

Pioneer and its Licensors retain all rights to the Software and Documentation:

You acknowledge that all rights, titles, and interests in the Software and Documentation, including intellectual property rights (patents, trademarks, copyrights, etc.), remain with Pioneer and/or its Licensor.
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 agree that you do not acquire any rights beyond this limited license. Pioneer retains ownership of its innovative software.

2.5 Government End Users: Restricted Rights

For government end users in the United States, specific restrictions apply:

The Software is classified as “commercial computer software” and “commercial computer software documentation” as defined in relevant U.S. federal regulations.
The U.S. Government’s rights to the Software are limited by this License, in accordance with the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (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 are no greater than those granted to other users.
Pioneer Corporation is identified as the Manufacturer. This section ensures compliance with U.S. government procurement regulations.

2.6 Software Corrections and Support

Pioneer’s policy on software support is outlined below:

While Pioneer may choose to provide corrections to the Software, they are not obligated to do so.
Pioneer is not obligated to provide any support, maintenance, or updates for the Software or Documentation. Software is provided “as is,” and ongoing support is at Pioneer’s discretion.

Disclaimer of Warranties: Software Provided “As Is”

Given that the Software is licensed to you free of charge, the warranty is limited:

Pioneer warrants only that the Software was developed and made available following standard industry practices for free software.
In all other respects, the Software is provided “AS IS AND WITH ALL FAULTS,” and there is no warranty.
To the maximum extent permitted by law, Pioneer, its suppliers, and licensors disclaim all other warranties, express or implied. This includes warranties of merchantability, fitness for a particular purpose, and non-infringement.
You use the Software at your own risk. Users accept the software in its current state without extensive guarantees.

Pioneer and its suppliers and licensors do not guarantee 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 configuration.

No statements, whether written or oral, from Pioneer Group or others, constitute warranties from Pioneer. “Pioneer Group” encompasses Pioneer, its subsidiaries, affiliates, and their representatives. This section clearly limits Pioneer’s liability regarding software performance.

Breach of License Terms

Violation of the License has legal consequences:

You acknowledge that breaching the restrictions in this License would cause irreparable harm to Pioneer, for which monetary damages alone may not be sufficient.
In addition to financial compensation, Pioneer may seek injunctive relief to prevent or stop any actual, threatened, or ongoing breach of these License terms. Pioneer has legal recourse to protect its software and rights.

License Modifications

Pioneer reserves the right to modify this License:

Pioneer may change this License at any time.
Advance notice of changes, including the effective date, will be provided by posting a notice on Pioneer’s website or through other appropriate channels.
Your continued use of the Product(s) after such notice signifies your agreement to the revised License. Users are responsible for staying informed about License updates.

License Termination

The License remains in effect until terminated:

You may terminate this License at any time 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 this action to Pioneer upon request.
Certain sections (2.2, 2.3, 3, 4, and 7) will remain in effect even after termination. Some obligations survive the termination of the License.

General Legal Terms

The following general terms are important legal provisions:

7.1 Governing Law

The 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. The applicable law depends on your residency, ensuring regional legal compliance.

7.2 Dispute Resolution

Pioneer prioritizes amicable dispute resolution:

Parties will first attempt to resolve disputes through good faith efforts.
If amicable settlement fails, disputes may be resolved through binding arbitration (depending on residency):
- EEA Residents: Arbitration in Brussels, Belgium (English language).
- U.S. Residents: Arbitration in New York, Dallas, or Los Angeles.
- Canadian Residents: Arbitration in Vancouver, Toronto, or Quebec.
- Other Territories: Arbitration in Tokyo, Japan.
Arbitration will be conducted under the rules of the International Chamber of Commerce.
Arbitration awards are final and binding.
For EEA residents, if arbitration is not agreed upon, Belgian courts have exclusive jurisdiction. For Canadian residents, if arbitration is unenforceable, courts in Toronto have jurisdiction. This outlines the process for resolving legal disputes.

7.3 Exclusion of Remedies

Pioneer limits liability for certain types of damages:

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. This includes lost data or economic loss, arising from this License or your use/inability to use the Software.
This exclusion applies regardless of the legal basis of the claim, even if Pioneer Group was advised of potential damages.
Exceptions apply only in cases of Pioneer’s willful misconduct, gross negligence, or death/physical injury caused by Pioneer’s acts or omissions. Pioneer limits its liability for indirect and consequential losses.

7.4 Limitation of Liability

Pioneer’s overall liability is capped:

To the maximum extent permitted by law, the aggregate liability of Pioneer Group and its suppliers/licensors for all damages or claims related to this License or the Software is limited to US$10.00 or the price paid for the Pioneer Product (whichever is greater).
This limitation applies under any legal theory (contract, tort, etc.).
Exceptions are similar to section 7.3 (willful misconduct, gross negligence, death/physical injury).
This limitation is cumulative across Pioneer Group and its suppliers/licensors. Pioneer’s financial liability is capped at a defined amount.

7.5 Your Specific Rights

Legal rights vary by jurisdiction:

Some jurisdictions do not allow the exclusion or limitation of certain damages or liability.
The above exclusions or limitations may not apply to you to the extent prohibited by applicable law.
Your specific legal rights may vary depending on your location. User rights are subject to local legal variations.

7.6 Essential Purpose

The disclaimers and limitations remain valid:

Unless restricted by applicable law, the disclaimers, exclusions, and limitations in this License apply even if any remedy fails to achieve its essential purpose. Limitations apply even if legal remedies are ineffective.

7.7 Severability and Waiver

The License remains effective even if parts are invalid:

If any provision of this License is deemed illegal, invalid, or unenforceable, it will be enforced to the extent possible or removed from the License.
The remaining provisions of the License will remain in full effect.
Waiver of any breach or failure to enforce a provision does not constitute a waiver of future breaches or other provisions. The License is designed to remain valid even if some clauses are challenged.

7.8 No Assignment by You

You cannot transfer this License:

You may not assign, sell, delegate, or transfer this License or any rights/obligations without Pioneer’s prior written consent.
Pioneer may freely assign or transfer this License or its rights/obligations.
Pioneer will provide notice if assignment impacts your guarantees. Users cannot transfer the license, but Pioneer can.

7.9 Entire Agreement

This License constitutes the complete agreement:

This License represents the entire agreement between you and Pioneer regarding the Software and Documentation.
It cannot be modified or amended without Pioneer’s express written consent.
No other actions, documents, customs, or usages will modify this License.
“Including” means “including without limitation.” This License supersedes all prior agreements and understandings.

Contacting Pioneer

For questions or complaints regarding this License, you can reach Pioneer through:

Website: https://global.pioneer/en/product_support/support/
Postal Mail (addresses provided for various regions: Japan, Singapore, Belgium, USA). Contact information is provided for user inquiries and support.

Revised: Version 1.0, December 16, 2019.