Pioneer Receiver Software: End User License Agreement – Understanding Your Rights

This End-User License Agreement (“License”) 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”). This agreement governs your use of the Software and Documentation (as defined below) for your Pioneer Receiver. By proceeding to use the Software, you acknowledge that this License is enforceable just like any written agreement you have signed. Please read this License carefully before using the software on your Pioneer receiver.

By clicking the “Accept” button or using the Software, you are confirming that you have read, understood, and agreed to be bound by all the terms and conditions of this License. If you do not agree with these terms, do not click “Accept” and do not install or use the Software for your Pioneer receiver.

If you are not of legal age in your location to agree to these terms, your parent or legal guardian must 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 16.

If you do not accept all terms and conditions outlined in this License, please refrain from clicking the “Accept” button and do not install or use any part of the Software.

1. Definitions

1.1 “Documentation” refers to any written help content or user manuals provided by Pioneer to assist you in using the Software for your Pioneer receiver.

1.2 “Software” means the firmware update provided by Pioneer specifically for use with your Pioneer receiver Product(s). This Software is essential for the optimal performance of your Pioneer receiver.

1.3 “Product” refers to the multimedia receiver model manufactured and sold by Pioneer for which this Software license is granted. This is specifically your Pioneer receiver unit.

1.4 “Licensor” refers to any third party who 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 grants you a limited, non-exclusive, non-transferable, and royalty-free license to install and use the Software. This license is solely for operating the Software with your Pioneer receiver Product(s).

2.2 Restrictions. You are prohibited from copying or using the Software or Documentation except as explicitly allowed in this License. You may not distribute, transfer, sublicense, rent, lease, lend, sell, or permit any third party to use the Software designed for your Pioneer receiver. Furthermore, you are prohibited from modifying, reverse engineering, decompiling, disassembling, or attempting to reduce the Software to a human-readable form, except where expressly permitted by applicable law. Even in such cases, you must first notify Pioneer in writing of your intended activities.

2.3 Export Controls. You are obligated to comply with all export and re-export restrictions and regulations of the United States and any other applicable jurisdiction. You may not export or re-export the Licensed Software or Documentation except as authorized by these laws. Specifically, you may not export or re-export the Software or Documentation (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. By using this Licensed 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 Licensed Software or Documentation for any purposes prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.

2.4 Ownership. You acknowledge that all rights, titles, and interests in the Software and Documentation, including but not limited to patents, trademarks, designs, copyrights, and other intellectual property rights, remain the sole property of Pioneer and/or its Licensor. This License does not grant or transfer any right, title, or interest in the Software and Documentation to you, except for the limited usage rights explicitly stated 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” or “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 limited by this License under FAR §§ 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable. Therefore, 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 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 in this License. The manufacturer is Pioneer Corporation, 28-8, Honkomagome 2-chome, Bunkyo-ku, Tokyo, 113-0021 Japan.

2.6 Corrections; No Support. While Pioneer may choose to provide corrections or updates to the Software for your Pioneer receiver, we are not obligated to provide any such corrections, support, maintenance, or updates for the Software or Documentation.

3. Disclaimer of Warranties

Given that the Software is licensed to you free of charge, Pioneer provides a limited warranty. Pioneer warrants only that the Software has been developed and made available in accordance with the usual industry standards for free software. In all other respects, the Software for your Pioneer receiver is provided “AS IS AND WITH ALL FAULTS,” without any other warranties. To the maximum extent permitted by applicable 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 acknowledge and agree that you use the Software at your own risk.

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

  1. The Software will be error-free.
  2. Your use of the Software will be uninterrupted or error-free.
  3. The Software will meet your specific requirements.
  4. The Software will operate with the specific hardware or software configuration you choose for your Pioneer receiver.

No written or oral statements by Pioneer Group or others will constitute warranties from Pioneer. “Pioneer Group” includes Pioneer, its subsidiaries, affiliates, and their 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. For such breaches, monetary damages alone may not be sufficient. Therefore, in addition to any other remedies available to Pioneer, you agree that Pioneer may seek injunctive relief to prevent any actual, threatened, or continued breach of these License terms. This is crucial to protect Pioneer’s intellectual property rights related to the Pioneer receiver software.

5. Changes to This License

Pioneer reserves the right to modify this License at any time. Pioneer will provide advance notice of any changes and the effective date by posting a notice on this website or through other appropriate means. Your continued use of the Product(s), including your Pioneer receiver, after such notice will constitute your agreement to the revised License. It is your responsibility to review the updated terms periodically.

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 your systems. Pioneer may also 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, confirming to Pioneer in writing that you have done so. Sections 2.2, 2.3, 3, 4, and 7 will remain in effect even after the termination of this License.

7. General Terms

7.1 Governing Law. 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. If you reside outside the EEA, United States, or Canada, this License is governed by and construed in accordance with the laws of Japan.

7.2 Jurisdiction. The parties agree to make good faith efforts to amicably resolve any dispute or controversy arising from or related to this License. If amicable settlement is not possible, and if you are an EEA resident, the parties may choose to settle all claims arising from this License through binding arbitration under the arbitration rules of the International Chamber of Commerce. If you are not an EEA resident, all such claims shall be settled by binding arbitration as detailed herein. Arbitration will be conducted by three arbitrators designated according to the ICC rules. For EEA residents, arbitration will be held in Brussels, Belgium, in English. For U.S. residents, arbitration will be held in New York, New York; Dallas, Texas; or Los Angeles County, California. For Canadian residents, venues are Vancouver, BC, Toronto, ON, or Quebec, QC. For residents of any other territory, arbitration will take place in Tokyo, Japan. The arbitration award will be final and binding. For EEA residents, if arbitration is not agreed upon, 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 except for Pioneer’s willful misconduct, gross negligence, or in cases of death or personal injury caused by Pioneer’s acts or omissions, neither Pioneer Group nor its third-party suppliers or licensors will be liable to you or any other party for any indirect, special, incidental, punitive, exemplary, or consequential damages of any kind. This includes, without limitation, lost data or economic loss arising from or relating to this License or your use or inability to use the Software for your Pioneer receiver. This limitation applies regardless of the cause of action, even if Pioneer Group or its third-party suppliers or licensors have been advised of the possibility of such damages.

7.4 Limitation of Liability. To the maximum extent permitted by applicable law, under no theory of liability, and again excluding Pioneer’s willful misconduct, gross negligence, or death or personal injury resulting from Pioneer’s actions or omissions, will the total liability of Pioneer Group and its third-party suppliers and licensors for any damages or claims arising out of or related to this License, its subject matter, or any Product exceed US$10.00 or the price paid for the Pioneer receiver Product for which the Software is provided, whichever is greater. This limitation is cumulative across the Pioneer Group and its third-party suppliers and licensors.

7.5. Your Specific Rights. Some jurisdictions do not allow the exclusion of certain damages or limitations on liability. Therefore, the exclusions or limitations mentioned above may not apply to you to the extent prohibited by applicable law. Your specific legal rights may vary depending on your jurisdiction.

7.6 Essential Purpose. Unless restricted or modified by applicable law, the disclaimers, exclusions, and limitations outlined in this License apply even if any remedy fails to achieve its essential purpose.

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 possible. If full enforcement is not possible, it will be considered severed and removed from this License, while the remaining provisions will remain in full force and effect. Any waiver of a breach or failure to enforce any provision of this License will not be considered a future waiver of that term 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 Pioneer’s prior written consent. Pioneer, however, may freely assign or transfer this License or any rights or obligations under it. Pioneer will provide advance notice if any assignment or transfer impacts your guarantees.

7.9 Entire Agreement. This License constitutes the entire agreement between you and Pioneer regarding the Software and Documentation for your Pioneer receiver. This License cannot be modified or amended without Pioneer’s express written consent. No other act, document, usage, or custom will be deemed to amend or modify this License. The term “including” means “including without limitation.”

8. Contact Us

If you have any questions or complaints regarding this License, please visit 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

Comments

No comments yet. Why don’t you start the discussion?

Leave a Reply

Your email address will not be published. Required fields are marked *