This End-User License Agreement (EULA) is a crucial document that governs your use of Pioneer software. While it may not directly discuss the exceptional audio quality of Pioneer Tweeters, understanding this agreement is essential for anyone using Pioneer products that incorporate software, from car multimedia systems to home audio equipment. This document clarifies the terms and conditions under which you are permitted to use Pioneer’s software. It’s designed to be a legally binding agreement between you, the end-user, and Pioneer Corporation. Please read it carefully to ensure you understand your rights and obligations.
1. Definitions: Key Terms Explained
To ensure clarity throughout this agreement, several terms are specifically defined:
1.1 Documentation
This refers to any written help content or user guides provided by Pioneer to assist you in using the Software. These documents are designed to help you navigate the software’s features and functionalities effectively.
1.2 Software
This term specifically means the firmware update provided to you by Pioneer. This Software is intended exclusively for use with your Pioneer Product(s) and is crucial for maintaining and enhancing the performance of your device.
1.3 Product
Product refers to the multimedia receiver model or device distributed and sold by Pioneer for which the Software license is granted. This clarifies that the software is specifically licensed for use with designated Pioneer hardware products.
1.4 Licensor
This identifies any third party that licenses copyrights, trademarks, and other intellectual property rights incorporated within the Software. These Licensors contribute to the content, text, images, data, and other elements within the Software.
2. Limited License: Scope of Permitted Use
Pioneer grants you a limited license to use the Software, outlining specific permissions and restrictions:
2.1 Authorized Use
Pioneer provides you with a limited, non-exclusive, non-transferable, and royalty-free license. This license allows you to install and use the Software solely with your Pioneer Product(s). It’s important to note that this license is personal to you and tied to the specific Pioneer product you own.
2.2 Restrictions
This section outlines what you are not allowed to do with the Software and Documentation. Key restrictions include:
- 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: You cannot distribute, transfer, sublicense, rent, lease, lend, sell, or allow any third party to use the Software. This prevents commercial redistribution or sharing of the software.
- No Reverse Engineering: Modifying, reverse engineering, decompiling, disassembling, or reducing the Software to a human-perceivable form is forbidden. Exceptions may apply only to the extent expressly permitted by applicable law, and even then, Pioneer must be notified in writing beforehand. This protects Pioneer’s intellectual property and software code.
2.3 Export Controls
You must comply with all applicable export control laws. You are prohibited from exporting or re-exporting the Software or Documentation except as authorized by United States law and the laws of your jurisdiction. Specifically, you cannot export or re-export the Software to:
- U.S.-embargoed countries.
- 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 the Software, you confirm that you are not located in any such country or on any such list and will not use the Software for purposes prohibited by United States law, including the development of weapons.
2.4 Ownership
Pioneer and its Licensor(s) retain all rights, titles, and interests in the Software and Documentation, including all intellectual property rights. This License does not grant or transfer any ownership rights to you, beyond the limited usage rights expressly stated in Section 2.1. You acknowledge that you are only granted a limited license and do not acquire any other rights, either express or implied.
2.5 Restricted Rights Legend
For U.S. government end users, the Software is considered “commercial computer software” and “commercial computer software documentation.” The U.S. Government’s rights are limited by this License, consistent with regulations outlined in FAR §§ 12.212 and 12.211 and/or DFAR 227.7202-3. 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.
2.6 Corrections; No Support
While Pioneer may choose to provide corrections or updates to the Software, they are not obligated to do so. Pioneer is not required to provide any support, maintenance, or updates for the Software or Documentation. This section clarifies that software updates and support are at Pioneer’s discretion, especially as the software is often provided free of charge.
3. Disclaimer of Warranties: Software Provided “As Is”
Given that the Software is licensed to you free of charge, Pioneer’s warranties are limited.
Pioneer warrants only that the Software has been developed and made available according to industry standards for free software. In all other respects, the Software is provided “AS IS AND WITH ALL FAULTS,” without any 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 sale.
- Fitness for a Particular Purpose: Warranty that the software is suitable for a specific purpose you have in mind.
- Non-Infringement: Warranty that the software does not infringe on the rights of others.
You use the Software entirely at your own risk.
Pioneer and its suppliers and licensors specifically do not warrant 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 configurations.
No statements, whether written or oral, from Pioneer Group or others, constitute warranties from Pioneer. “Pioneer Group” encompasses Pioneer, its subsidiaries, affiliates, and their respective owners, directors, officers, employees, agents, suppliers, distributors, dealers, licensors, and representatives.
4. License Breach: Consequences of Violations
You acknowledge that violating the restrictions in this License would cause irreparable harm to Pioneer, for which monetary damages alone would be insufficient. In the event of a breach, or threatened breach, Pioneer is entitled to seek injunctive relief (a court order to stop the violating activity) to prevent further violation of these License terms, in addition to any other legal remedies available.
5. Changes to This License: Pioneer’s Right to Modify
Pioneer reserves the right to modify this License at any time. Pioneer will provide advance notice of any changes and their effective date by posting a notice on their website or through other appropriate means. Your continued use of the Product(s) after such notice constitutes your agreement to the revised License. It is your responsibility to review any updated License agreements.
6. Termination: Ending the License Agreement
This License remains in effect until terminated.
You can 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 of this agreement.
Upon termination, you must cease using 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 2.2, 2.3, 3, 4, and 7 of this License will continue to apply even after termination of the License. These sections cover restrictions, export controls, warranties, breach consequences, and general terms, which are important even after the license ends.
7. General Terms: Governing Law and Legal Provisions
This section covers various legal and procedural aspects of the License agreement.
7.1 Governing Law
The law that governs this License depends on your place of residence:
- EEA Residents: Belgian law governs.
- U.S. Residents: The laws of the State of California, U.S.A., govern.
- Canadian Residents: The laws of the Province of Ontario and federal laws of Canada govern.
- Residents Outside EEA, U.S., or Canada: Japanese law governs.
7.2 Jurisdiction
Pioneer and you agree to attempt to resolve any disputes arising from this License amicably.
If amicable settlement fails:
- EEA Residents: Parties can choose binding arbitration under the arbitration rules of the International Chamber of Commerce. If arbitration is chosen, it will be held in Brussels, Belgium, in English. If arbitration is not chosen, Belgian courts have exclusive jurisdiction.
- Residents Outside EEA: All claims will be settled by binding arbitration under the rules of the International Chamber of Commerce. Arbitration location depends on your region: New York, Dallas, or Los Angeles for U.S. residents; Vancouver, Toronto, or Quebec for Canadian residents; and Tokyo for all other territories.
- Canadian Residents: If arbitration is unenforceable, courts in Toronto have exclusive jurisdiction, unless prohibited by law.
Arbitration awards are final and binding.
7.3 Exclusion of Remedies
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 (including 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: This exclusion does not apply in cases of Pioneer’s willful misconduct, gross negligence, or death/physical injury resulting from Pioneer’s acts or omissions.
7.4 Limitation of Liability
To the maximum extent permitted by law, the total liability of Pioneer Group and its suppliers/licensors for any damages or claims related to this License or the Software is limited to the greater of US$10.00 or the price you paid for the Pioneer Product for which the Software is provided. This limitation is cumulative across all claims.
Exceptions: This limitation does not apply in cases of Pioneer’s willful misconduct, gross negligence, or death/physical injury resulting from Pioneer’s acts or omissions.
7.5. Your Specific Rights
Some jurisdictions do not allow the exclusion of certain damages or limitation of liability. Therefore, some of the exclusions or limitations in this License may not apply to you, to the extent prohibited by applicable law. Your legal rights may vary depending on your jurisdiction.
7.6 Essential Purpose
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
If any provision of this License is found to be illegal, invalid, or unenforceable, it will be enforced to the maximum extent possible or removed from the License. The rest of the License will remain in full effect. Failure to enforce any provision does not constitute a waiver of future enforcement of that or any other provision.
7.8 No Assignment
You may not assign or transfer this License or any rights/obligations under it without Pioneer’s prior written consent. Pioneer may freely assign or transfer this License or its rights/obligations, with notice in advance if it affects your guarantees.
7.9 Entire Agreement
This License constitutes the complete agreement between you and Pioneer regarding the Software and Documentation. It can only be modified by Pioneer’s express written consent. No other actions, documents, customs, or usages can amend or modify this License. The term “including” means “including without limitation.”
8. Contact Us: Getting in Touch with Pioneer
If you have any questions or complaints about this License, you can contact Pioneer through their website: https://global.pioneer/en/product_support/support/ or by postal mail at one of the addresses listed below:
-
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
