THIS END USER LICENSE AGREEMENT (“LICENSE”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL INSTALLING THE PROGRAM OR A LEGAL ENTITY ACTING ON BEHALF OF THAT INDIVIDUAL) (“YOU” OR “YOUR”) AND PIONEER CORPORATION, [0406.999.132 (PIONEER EUROPE NV)], WITH ITS PRINCIPAL PLACE OF BUSINESS AT 28-8, HONKOMAGOME 2-CHOME, BUNKYO-KU, TOKYO 113-0021, JAPAN (“PIONEER,” “WE” OR “US”). BY AGREEING TO THIS LICENSE, YOU ACKNOWLEDGE THAT IT IS EQUIVALENT TO ANY WRITTEN AGREEMENT SIGNED BY YOU AND IS FULLY ENFORCEABLE. THIS LICENSE GOVERNS YOUR USE OF THE SOFTWARE AND DOCUMENTATION (AS DEFINED BELOW). PLEASE ENSURE YOU READ THIS LICENSE CAREFULLY BEFORE PROCEEDING.
BEFORE CLICKING THE “ACCEPT” BUTTON OR USING THE SOFTWARE, PLEASE READ AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS LICENSE.
BY PROCEEDING, YOU ARE ACKNOWLEDGING THAT:
- YOU HAVE THOROUGHLY READ THIS LICENSE.
- YOU FULLY UNDERSTAND THE CONTENTS OF THIS LICENSE.
- YOU AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS STATED IN THIS LICENSE.
THIS AGREEMENT IS EFFECTIVE IF YOU:
- CLICK THE ACCEPTANCE BUTTON ASSOCIATED WITH THE ELECTRONIC VERSION OF THIS LICENSE, OR
- INSTALL OR USE ANY PART OF THE SOFTWARE.
AGE RESTRICTION: IF YOU ARE NOT OF LEGAL AGE IN YOUR JURISDICTION TO ENTER INTO THIS AGREEMENT, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS ON YOUR BEHALF BEFORE YOU INSTALL OR USE THE SOFTWARE. Pioneer Inc. DOES NOT INTEND TO PROVIDE AND DOES NOT KNOWINGLY PROVIDE THE SOFTWARE FOR USE BY CHILDREN UNDER THE AGE OF 16.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK THE “ACCEPT” BUTTON AND DO NOT INSTALL OR USE THE SOFTWARE.
1. DEFINITIONS
1.1 “Documentation” refers to any written materials, help content, or guides provided by Pioneer Inc. to assist users in operating the Software.
1.2 “Software” means the firmware update provided to You by Pioneer Inc. exclusively for use with the Product(s).
1.3 “Product” denotes the multimedia receiver model manufactured and sold by Pioneer Inc. for which this Software license is granted.
1.4 “Licensor” refers to any third party that licenses copyrights, trademarks, and other intellectual property rights related to content, text, images, data, software, and information incorporated within the Software.
2. LIMITED LICENSE
2.1 Authorized Use
Pioneer Inc. grants You a limited, non-exclusive, non-transferable, royalty-free license to install and use the Software solely with the Product(s). This license is specifically for your personal or internal business use in conjunction with Pioneer products.
2.2 Restrictions
You are expressly prohibited from copying or using the Software or Documentation except as explicitly permitted within this License. Distribution, transfer, sublicensing, rental, leasing, lending, selling, or otherwise allowing any third-party access to the Software is strictly forbidden. Modification, reverse engineering, decompiling, disassembling, or reducing the Software to a human-perceivable form is prohibited, except to the extent explicitly allowed by applicable law, and only after providing written notice to Pioneer Inc. detailing your intended activities.
2.3 Export Controls
The Software and Documentation are subject to export control laws and regulations. You may not use, export, or re-export the Licensed Software or Documentation except as authorized under United States law and the laws of the jurisdiction where the Software or Documentation was obtained. Specifically, and without limitation, the Software and Documentation may not be exported or re-exported: (a) into any U.S.-embargoed countries or regions, or (b) to anyone 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 or Documentation, you warrant that you are not located in any such country or on any such list. You also agree not to use the Software or Documentation for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
2.4 Ownership
You acknowledge that all rights, title, and interest in and to the Software and Documentation, including but not limited to patents, trademarks, designs, copyrights, and other intellectual property rights, remain the sole property of Pioneer Inc. and/or its Licensor(s). No right, title, or interest in the Software and Documentation is granted or transferred to you under this License, except for the limited use license explicitly granted in Section 2.1. You agree that you do not acquire any rights, express or implied, beyond this limited license.
2.5 Restricted Rights Legend
For government end users in the United States, the Software is considered “commercial computer software” and “commercial computer software documentation” as defined in 48 C.F.R. 252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government’s rights concerning the Software are restricted 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. Consequently, the Software is licensed to U.S. Government end users: (a) solely as “Commercial Items” as defined in FAR 2.101 and incorporated in DFAR 212.102; and (b) with only the limited rights granted to the public under this License. Under no circumstances will the U.S. Government or its end users receive greater rights than those granted to other users as stipulated in this License. The Manufacturer is Pioneer Corporation, 28-8, Honkomagome 2-chome, Bunkyo-ku, Tokyo, 113-0021 Japan.
2.6 Corrections and Support
While Pioneer Inc. may, at its discretion, release corrections or updates to the Software, it is under no obligation to provide any such corrections, support, maintenance, or updates for the Software or Documentation. This license is for the software as is, and future updates are not guaranteed.
3. DISCLAIMER OF WARRANTIES
GIVEN THAT THE SOFTWARE IS LICENSED TO YOU FREE OF CHARGE, PIONEER INC. PROVIDES A LIMITED WARRANTY STATING ONLY THAT THE SOFTWARE HAS BEEN DEVELOPED AND DISTRIBUTED ACCORDING TO THE INDUSTRY’S STANDARD PRACTICES FOR FREE SOFTWARE. IN ALL OTHER RESPECTS, THE SOFTWARE IS PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND PIONEER INC. DISCLAIMS ALL OTHER WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PIONEER INC., ITS SUPPLIERS, AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK.
PIONEER INC., ITS SUPPLIERS, AND LICENSORS DO NOT WARRANT THAT:
- THE SOFTWARE WILL BE COMPLETELY ERROR-FREE.
- YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
- THE SOFTWARE WILL MEET ALL OF YOUR SPECIFIC REQUIREMENTS.
- THE SOFTWARE WILL BE COMPATIBLE WITH ALL HARDWARE OR SOFTWARE CONFIGURATIONS YOU CHOOSE.
NO STATEMENTS, WHETHER WRITTEN OR ORAL, MADE BY PIONEER GROUP OR ANY OTHER PARTY, SHALL CONSTITUTE A WARRANTY FROM PIONEER INC. “PIONEER GROUP” INCLUDES PIONEER INC., ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, DEALERS, LICENSORS, AND OTHER REPRESENTATIVES.
4. LICENSE BREACH
You acknowledge and agree that any violation of the restrictions outlined in this License would cause irreparable harm to Pioneer Inc., for which monetary damages alone would be insufficient. In the event of such a breach, or threatened breach, Pioneer Inc. shall be entitled to seek injunctive relief, in addition to any other remedies available at law or equity, to prevent or restrain any actual, threatened, or continued violation of these License terms.
5. CHANGES TO THIS LICENSE
Pioneer Inc. reserves the right to modify this License at any time. Pioneer Inc. will provide advance notice of any changes and the effective date of such changes by posting a notice on its website or through other appropriate means. Your continued use of the Product(s) after such notice will constitute your acceptance of the revised License. It is your responsibility to review the License periodically for updates.
6. TERMINATION
This License remains in effect until terminated. You may terminate this License at any time by destroying and deleting the Software and Documentation from all your systems. Pioneer Inc. may terminate this License at any time if you breach any provision of this License. Upon termination, you must cease all use of the Software and Documentation and destroy all copies in your possession, and confirm to Pioneer Inc. in writing that you have done so. Sections 2.2, 2.3, 3, 4, and 7 will survive any termination of this License.
7. GENERAL TERMS
7.1 Governing Law
This License is governed by specific laws depending on your residency. If You are a resident of any European Economic Area (EEA) member state, this License is governed by and construed in accordance with Belgian law. If You are a resident of the United States, this License is governed by and construed in accordance with the laws of the State of California, U.S.A. If You are a resident of Canada, this License is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada. For residents of any territory outside the EEA, United States, or Canada, this License is governed by and construed in accordance with the laws of Japan.
7.2 Jurisdiction
Both parties agree to make good faith efforts to resolve any disputes arising from or related to this License amicably. If amicable settlement is not possible, and if You are a resident of an EEA member state, the parties may elect to resolve all claims through binding arbitration under the arbitration rules of the International Chamber of Commerce, conducted by three arbitrators. If You are a resident outside of the EEA, arbitration is mandatory. Arbitration locations vary by residency: Brussels (for EEA), specific US cities (for US residents), Canadian cities (for Canadian residents), and Tokyo (for all other territories). For EEA residents, if arbitration is not chosen, Belgian courts have exclusive jurisdiction. For Canadian residents, if arbitration is unenforceable, the courts in Toronto have exclusive jurisdiction, unless prohibited by law.
7.3 Exclusion of Remedies
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCLUDING CASES OF PIONEER’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR DEATH OR PHYSICAL INJURY RESULTING FROM PIONEER’S ACTS OR OMISSIONS, NEITHER PIONEER GROUP NOR ITS THIRD-PARTY SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST DATA OR ECONOMIC LOSS) ARISING FROM THIS LICENSE OR YOUR USE OR INABILITY TO USE THE SOFTWARE. THIS APPLIES REGARDLESS OF THE CAUSE OF ACTION, EVEN IF PIONEER GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCLUDING CASES OF PIONEER’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR DEATH OR PHYSICAL INJURY RESULTING FROM PIONEER’S ACTS OR OMISSIONS, THE TOTAL AGGREGATE LIABILITY OF PIONEER GROUP AND ITS THIRD-PARTY SUPPLIERS AND LICENSORS FOR ANY DAMAGES OR CLAIMS RELATED TO THIS LICENSE OR THE SOFTWARE SHALL NOT EXCEED TEN U.S. DOLLARS (US$10.00) OR THE PRICE PAID FOR THE PIONEER PRODUCT ASSOCIATED WITH THE SOFTWARE, WHICHEVER IS GREATER. THIS LIMITATION IS CUMULATIVE ACROSS THE PIONEER GROUP AND THIRD-PARTY SUPPLIERS AND LICENSORS.
7.5 Your Specific Rights
Some jurisdictions do not permit the exclusion of certain damages or limitations on liability. Therefore, the above exclusions or limitations may not apply to you to the extent prohibited by applicable law. Your legal rights may vary depending on your jurisdiction. This clause aims to respect and align with local consumer laws wherever applicable.
7.6 Essential Purpose
Unless restricted or modified by applicable law, the disclaimers, exclusions, and limitations detailed above apply even if any remedy provided under this license fails to achieve its essential purpose. This ensures the enforceability of these clauses to the maximum extent possible under law.
7.7 Severability and Waiver
If any provision of this License is deemed illegal, invalid, or unenforceable, that provision will be enforced to the maximum extent permissible or, if wholly unenforceable, severed from this License. The remainder of the License will continue in full force and effect. No waiver of any breach or failure to enforce any provision of this License will be considered a waiver of future enforcement rights or any other provision.
7.8 No Assignment
You are prohibited from assigning, selling, delegating, or otherwise transferring this License or any rights or obligations under it without prior written consent from Pioneer Inc. Pioneer Inc. may freely assign or transfer this License or any of its rights or obligations. However, Pioneer Inc. will notify you in advance if any assignment or transfer impacts your guarantees under this License.
7.9 Entire Agreement
This License constitutes the entire agreement between You and Pioneer Inc. regarding the Software and Documentation. This License can only be modified or amended by a written agreement expressly consented to by Pioneer Inc. No other act, document, usage, or custom will modify or amend this License. The term “including” is to be construed as “including without limitation.”
8. CONTACT US
For any questions or complaints regarding this License, please visit our support page at 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
