This End User License Agreement (“License”) is a legally binding agreement between you, the end user, and Pioneer Corporation, a global entity with its principal office in Tokyo, Japan. This agreement outlines the terms and conditions governing your use of the Software and Documentation provided by Pioneer. By clicking “accept” or installing/using the Software, you acknowledge that you have read, understood, and agree to be bound by this License. It’s crucial to carefully read this document before proceeding.
This License applies to the Software and related Documentation. If you are under the legal age of consent in your jurisdiction, a parent or guardian must agree to these terms on your behalf. Pioneer does not knowingly offer software for use by children under 16. If you disagree with any part of this License, do not accept, install, or use the Software.
1. Key Definitions in the Pioneer Software License
To ensure clarity, let’s define some essential terms used throughout this License:
- Documentation: This refers to any written help content provided by Pioneer to assist you in using the Software effectively. Think of it as your user manual or guide.
- Software: This specifically means the firmware update delivered to you by Pioneer. This Software is intended exclusively for use with your Pioneer Product(s).
- Product: This term designates the multimedia receiver model manufactured and sold by Pioneer for which this Software license is granted. This could be a device from the Pioneer Nex series, for example.
- Licensor: This refers to any third party who holds the intellectual property rights (copyrights, trademarks, etc.) to content integrated within the Software. They grant Pioneer (and consequently you) the right to use these elements.
2. Scope of the Limited License Granted to You
Pioneer grants you a limited license to use the Software, subject to specific conditions:
2.1 Permitted Uses of the Software
Under this License, you are authorized to:
- Install: You can install the Software on your compatible Pioneer Product(s).
- Use: You are permitted to use the Software in conjunction with your Pioneer Product(s).
This license is:
- Limited: It’s confined to the specific uses outlined in the agreement.
- Non-exclusive: Pioneer can license the Software to other users as well.
- Non-transferable: You cannot transfer this license to anyone else.
- Royalty-free: You don’t have to pay any additional fees for this license beyond the purchase price of the Pioneer Product.
2.2 Restrictions on Your Use of the Software
While you are granted usage rights, there are significant restrictions you must adhere to:
- No Copying or Unauthorized Use: You are prohibited from copying or using the Software or Documentation except as explicitly allowed in this License.
- No Distribution or Transfer: You cannot distribute, transfer, sublicense, rent, lease, lend, sell, or permit any third party to use the Software. It is for your personal use with your Pioneer Product only.
- No Modification or Reverse Engineering: You are not allowed to modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software. The only exception is if such actions are expressly permitted by applicable law in your jurisdiction, and even then, you must provide written notice to Pioneer beforehand outlining your intentions.
2.3 Export Compliance and Legal Adherence
It’s critical to comply with export control regulations:
- Export Restrictions: You must not export or re-export the Software or Documentation unless authorized by both United States law and the laws of the jurisdiction where you obtained the Software.
- Prohibited Destinations and Parties: Specifically, you cannot export or re-export the Software or Documentation to:
- Any countries embargoed by the U.S. government.
- 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.
- Warranty of Compliance: By using the Software or Documentation, you confirm that you are not located in any such restricted country or on any prohibited list.
- Prohibited Uses: You agree not to use the Software or Documentation for any activities prohibited by United States law, including, but not limited to, the development, design, manufacture, or production of weapons of mass destruction (nuclear, missile, chemical, or biological).
2.4 Intellectual Property Ownership
Pioneer and its Licensors retain all rights to the Software and Documentation:
- Pioneer’s Ownership: You acknowledge that all rights, title, and interest in the Software and Documentation, including patents, trademarks, designs, copyrights, and other intellectual property rights, remain the sole property of Pioneer and/or its Licensor(s).
- Limited License Only: This License only grants you the specific, limited rights to use the Software as described in Section 2.1. No other rights, express or implied, are transferred to you.
2.5 U.S. Government End Users: Restricted Rights
This section pertains to U.S. Government end users and their rights regarding the Software:
- Commercial Computer Software: The Software is classified as “commercial computer software” and “commercial computer software documentation” under U.S. Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulation Supplement (DFAR).
- Limited Rights: The U.S. Government’s rights concerning the Software are restricted by this License, in accordance with FAR §§ 12.212 and 12.211 and/or DFAR 227.7202-3, as applicable.
- Commercial Items: The Software is licensed to U.S. Government end users solely as “Commercial Items” as defined in FAR 2.101.
- No Greater Rights: Under no circumstances will the U.S. Government or its end users be granted rights to the Software exceeding those granted to the general public under this License.
- Manufacturer: Pioneer Corporation is identified as the manufacturer.
2.6 Software Updates and Support
Pioneer’s obligations regarding software maintenance and support are limited:
- Optional Corrections: Pioneer may choose to release corrections or updates to the Software, but this is not guaranteed.
- No Obligation for Support: Pioneer is not obligated to provide any support, maintenance, or updates for the Software or Documentation. The Software is provided “as is” in this regard.
3. Disclaimer of Warranties: Software Provided “As Is”
Given that the Software is provided to you free of charge, Pioneer’s warranties are limited significantly.
- Limited Warranty: Pioneer only warrants that the Software has been developed and made available following standard industry practices for free software.
- “As Is” Provision: In all other respects, the Software 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, but is not limited to, implied warranties of:
- Merchantability: Warranty that the software is of acceptable quality for general purposes.
- Fitness for a Particular Purpose: Warranty that the software is suitable for your specific needs.
- Non-Infringement: Warranty that the software does not violate any third-party intellectual property rights.
- Use at Your Own Risk: You acknowledge and agree that you are using the Software entirely at your own risk.
Specific Disclaimers: No Guarantees of Performance
Pioneer and its associates specifically do not warrant that:
- Error-Free Operation: The Software will be completely free from errors.
- Uninterrupted Use: Your use of the Software will be continuous or error-free.
- Meeting Your Requirements: The Software will perfectly meet all of your individual requirements or expectations.
- Hardware/Software Compatibility: The Software will be compatible with your chosen hardware or software configurations.
No Oral or Written Warranties: No statements, whether spoken or written, made by Pioneer Group or any other parties, will constitute warranties from Pioneer beyond what is explicitly stated in this License. “Pioneer Group” includes Pioneer, its subsidiaries, affiliates, and their respective stakeholders.
4. License Breach and Pioneer’s Remedies
Violating the terms of this License has consequences:
- Irreparable Harm: You acknowledge that any breach of the restrictions in this License would cause irreparable harm to Pioneer. Monetary damages alone would not be a sufficient remedy for Pioneer’s losses.
- Injunctive Relief: In addition to financial compensation and other legal remedies, you agree that Pioneer can seek injunctive relief (a court order) to prevent or stop any actual, threatened, or ongoing breach of these License terms. This means a court could order you to immediately cease any prohibited activities.
5. License Modifications and Updates
Pioneer reserves the right to modify this License:
- Right to Modify: Pioneer can change the terms of this License at any time.
- Notification of Changes: Pioneer will provide advance notice of any modifications and their effective date. This notice may be posted on Pioneer’s website or communicated through other appropriate channels.
- Acceptance of Revised License: If you continue to use the Product(s) after such notice, it will be considered your agreement to the updated License terms. You are responsible for staying informed about the current License.
6. License Termination: When and How it Ends
This License remains in effect until terminated. Termination can occur in two ways:
- Termination by You: You can terminate this License at any time by permanently destroying or deleting the Software and Documentation from your systems.
- Termination by Pioneer: Pioneer can terminate this License immediately if you breach any provision of the agreement.
- Consequences of Termination: 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 in writing to Pioneer that you have done so.
- Sections that Survive Termination: Certain sections of the License, specifically 2.2, 2.3, 3, 4, and 7, will continue to be in effect even after the License is terminated. These sections deal with restrictions, disclaimers, breach remedies, and general legal terms.
7. General Legal Terms: Governing Law, Jurisdiction, and Liability
This section outlines important general legal terms that govern the License:
7.1 Governing Law: Which Laws Apply?
The governing law depends on your place of residence:
- EEA Residents: If you reside in a member state of the European Economic Area (EEA), this License is governed by and interpreted under Belgian law.
- U.S. Residents: If you are a resident of the United States, California law (U.S.A.) governs this License.
- Canadian Residents: For residents of Canada, the laws of the Province of Ontario and applicable federal laws of Canada apply.
- Residents Outside EEA, U.S., and Canada: If you reside anywhere else, Japanese law governs this License.
7.2 Jurisdiction and Dispute Resolution
Disputes will be handled through good faith efforts and, if necessary, arbitration or courts:
- Amicable Resolution: Both parties agree to first attempt to resolve any disputes or controversies arising from this License amicably and in good faith.
- Arbitration (EEA and Non-EEA Residents): If an amicable settlement cannot be reached:
- EEA Residents: Parties can choose to settle claims through binding arbitration.
- Non-EEA Residents: All claims shall be settled by binding arbitration.
- Arbitration Rules: Arbitration will be conducted under the rules of the International Chamber of Commerce by three arbitrators.
- Arbitration Location:
- EEA Residents: Brussels, Belgium (English language).
- U.S. Residents: New York, NY; Dallas, TX; or Los Angeles County, CA (regional choice).
- Canadian Residents: Vancouver, BC, Toronto, ON, or Quebec, QC (regional choice).
- Other Residents: Tokyo, Japan.
- Arbitration Award: The arbitration award will be final, binding, and reasoned.
- Court Jurisdiction (EEA and Canada):
- EEA Residents (No Arbitration Agreement): If EEA residents do not agree to arbitration, Belgian courts have exclusive jurisdiction.
- Canadian Residents (Unenforceable Arbitration): If arbitration is not enforceable for Canadian residents, the courts in Toronto have exclusive jurisdiction, unless prohibited by law.
7.3 Exclusion of Remedies: Limitation on Damages
Pioneer’s liability for damages is significantly limited under this License:
- Exclusion of Damages: To the maximum extent permitted by law, and except in cases of Pioneer’s willful misconduct, gross negligence, or death/physical injury caused by Pioneer’s acts or omissions, Pioneer Group and its suppliers/licensors will not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages. This includes, but is not limited to, damages for lost data or economic loss.
- Scope of Exclusion: This exclusion applies regardless of the legal basis of the claim and even if Pioneer Group or its associates were advised of the possibility of such damages.
7.4 Limitation of Liability: Capped Financial Responsibility
Pioneer’s financial liability is capped at a specific amount:
- Maximum Liability: To the maximum extent permitted by law, and again excluding cases of Pioneer’s willful misconduct, gross negligence, or death/physical injury caused by Pioneer’s actions, the total aggregate liability of Pioneer Group and its suppliers/licensors for any damages or claims related to this License, the Software, or any Product will not exceed the greater of:
- Ten U.S. Dollars (US$10.00).
- The price you paid for the Pioneer Product for which the Software is provided.
- Cumulative Limitation: This liability limit is cumulative across all claims.
7.5 Your Specific Legal Rights: Jurisdictional Variations
Your legal rights may vary depending on your location:
- Jurisdictional Differences: Some jurisdictions may not allow the exclusion of certain damages or limitations of liability. Therefore, the exclusions and limitations in this License may not apply to you to the extent prohibited by applicable law in your jurisdiction.
- Varying Rights: Your specific legal rights can vary from jurisdiction to jurisdiction. You should consult with legal counsel in your location if you have concerns about your rights.
7.6 Essential Purpose: Validity of Disclaimers and Limitations
The disclaimers, exclusions, and limitations in this License are intended to apply even if remedies fail:
- Application Despite Remedy Failure: Unless limited or modified by applicable law, the disclaimers, exclusions, and limitations outlined in this License remain in effect even if any remedy provided under the License fails to achieve its essential purpose.
7.7 Severability and Waiver: Enforceability of License Terms
This section addresses the enforceability of the License’s provisions:
- Severability: If any provision of this License is found to be illegal, invalid, or unenforceable, that provision will be enforced to the maximum extent possible. If it cannot be enforced, it will be removed from the License, but the remaining provisions will remain in full force and effect.
- No Waiver: Any failure to enforce any provision of this License or any waiver of a breach does not constitute a waiver of that term in the future or a waiver of any other provision of the License.
7.8 No Assignment by You: Pioneer’s Right to Assign
You cannot transfer this License without Pioneer’s consent, but Pioneer can:
- No Assignment by You: You are prohibited from assigning, selling, delegating, or otherwise transferring this License or any rights or obligations under it without obtaining 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 under it.
- Notice of Assignment: Pioneer will provide you with advance notice if any assignment or transfer impacts your guarantees under the License.
7.9 Entire Agreement: Complete Understanding
This License constitutes the entire agreement between you and Pioneer:
- Complete Agreement: This License represents the complete and exclusive agreement between you and Pioneer regarding the Software and Documentation. It supersedes all prior or contemporaneous communications and agreements, whether oral or written.
- No Modifications Without Written Consent: This License can only be modified or amended with Pioneer’s prior and express written consent. No other actions, documents, usages, or customs can be interpreted as amending or modifying this License.
- “Including” Meaning: The term “including” in this License means “including without limitation.”
8. Contact Information: Getting in Touch with Pioneer
If you have any questions or complaints about this License, you can contact Pioneer through the following channels:
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Website: Visit Pioneer’s customer support website: https://global.pioneer/en/product_support/support/
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Postal Mail: You can also reach Pioneer at one of the following addresses, depending on your region:
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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.
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This End-User License Agreement was originally revised on December 16, 2019 (version 1.0).
