This End-User License Agreement (“License”) is a crucial legal document between you, the user, and Pioneer Corporation, a leader in audio technology and surround sound innovation. As a user of Pioneer products, particularly those enhancing your home audio experience, understanding this agreement ensures you are fully aware of your rights and responsibilities when using Pioneer software. Please read this License carefully before proceeding with the installation or use of the software.
By clicking the acceptance button or installing/using the software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this License. If you are not of legal age to agree to these terms in your location, your parent or guardian must agree on your behalf. Pioneer’s software is intended for users aged 16 and above. If you do not agree with these terms, refrain from clicking the acceptance button and do not install or use the software.
Key Definitions in Your Pioneer Software License
To ensure clarity throughout this agreement, let’s define some key terms:
1.1 Documentation: This refers to any written help content provided by Pioneer to assist you in effectively using the Software. Think of it as your user manual for the digital aspects of your Pioneer surround system.
1.2 Software: This specifically means the firmware update provided to you by Pioneer. This software is designed exclusively for use with your Pioneer Product(s) to optimize performance and potentially introduce new features to your surround sound setup.
1.3 Product: This term denotes the multimedia receiver model distributed and sold by Pioneer for which this Software license is granted. This is the physical Pioneer device, likely the heart of your surround sound system, that the software is intended to enhance.
1.4 Licensor: This refers to any third party who has licensed copyrights, trademarks, and other intellectual property rights related to content incorporated within the Software. This acknowledges that Pioneer may utilize technology from other innovators in its software.
Grant of Limited License for Pioneer Software
2.1 Authorized Use: Pioneer grants you a limited, non-exclusive, non-transferable, and royalty-free license. This means you are permitted to install and use the Software, but only on your Pioneer Product(s) and under the terms of this agreement. This license is personal to you and cannot be transferred to others.
2.2 Restrictions on Software Use: It’s important to understand what you cannot do with the Software. You are prohibited from copying the Software or Documentation except as explicitly allowed in this License. Distribution, transfer, sublicensing, renting, leasing, lending, selling, or allowing third-party use of the Software is strictly forbidden. Modifying, reverse engineering, decompiling, disassembling, or reducing the Software to a human-perceivable form is also restricted, except where expressly permitted by law and only after written notification to Pioneer about your intentions. These restrictions protect Pioneer’s intellectual property and ensure the integrity of their software for all users.
2.3 Export Controls: The Software and Documentation are subject to export control laws. You must comply with all applicable laws, including United States law and the laws of your jurisdiction. Specifically, you cannot export or re-export the Software to U.S.-embargoed countries or to individuals or entities on restricted lists maintained by the U.S. government. By using the Software, you confirm that you are not in such a country or on such a list and that you will not use the Software for any purposes prohibited by law, including the development of weapons of mass destruction.
2.4 Software Ownership: Pioneer, and its Licensor(s), retain all rights, title, and interest in the Software and Documentation, including all intellectual property rights. This License does not grant you any ownership rights. Your rights are limited to the specific license granted in section 2.1. Pioneer’s innovation in surround sound and audio technology remains their protected property.
2.5 U.S. Government End Users: For U.S. Government end users, the Software is classified as “commercial computer software” and is licensed with restricted rights as defined in U.S. Federal Acquisition Regulations. The U.S. Government’s rights are no greater than those granted to the public under this License. Pioneer is the manufacturer of the Software.
2.6 Software Corrections and Support: While Pioneer may choose to provide corrections to the Software, they are not obligated to provide any corrections, support, maintenance, or updates for the Software or Documentation. This is common practice for software provided without charge.
Disclaimer of Warranties for Free Software
3. DISCLAIMER OF WARRANTIES: Because the Software is provided to you free of charge, Pioneer offers a limited warranty. Pioneer warrants that the Software has been developed and made available according to the industry standards for free software. However, in all other respects, the Software is provided “AS IS AND WITH ALL FAULTS,” meaning you use it at your own risk. Pioneer and its suppliers and licensors disclaim all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
Pioneer and its partners do not guarantee that:
- The Software will be completely error-free.
- Your use of the Software will be uninterrupted or error-free.
- The Software will perfectly meet all of your specific requirements.
- The Software will be compatible with every hardware or software configuration you might choose.
No statements, whether written or oral, from Pioneer or others, constitute warranties from Pioneer beyond what is explicitly stated in this section. “Pioneer Group” encompasses Pioneer, its subsidiaries, affiliates, and their respective personnel and partners.
Consequences of License Breach
4. LICENSE BREACH: You acknowledge that any violation of the restrictions in this License would cause irreparable harm to Pioneer. Financial compensation alone might not be sufficient to remedy such harm. Therefore, in addition to other remedies available, Pioneer has the right to seek injunctive relief to prevent any actual, threatened, or continued breach of these License terms. This highlights the seriousness of adhering to the terms of this agreement.
License Modifications
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 their effective date by posting a notice on their website or through other appropriate channels. Your continued use of the Product(s) after such notice constitutes your agreement to the revised License. It’s advisable to periodically check for updates to this License.
License Termination
6. TERMINATION: This License remains in effect until terminated. You have the option to terminate it at any time by destroying and deleting the Software and Documentation. Pioneer also reserves the right to terminate this License if you breach any provision. Upon termination, you must cease using the Software and Documentation, destroy all copies, and confirm to Pioneer that you have done so. Certain sections of this License (2.2, 2.3, 3, 4, and 7) will remain in effect even after termination.
General Legal Terms
7. GENERAL TERMS:
7.1 Governing Law: The governing law for this License varies based on your location. If you reside in the European Economic Area (EEA), Belgian law applies. If you are in the United States, it’s governed by California law. For Canadian residents, it’s the laws of Ontario and Canadian federal law. For residents outside these regions, Japanese law governs this License.
7.2 Jurisdiction: Pioneer encourages amicable dispute resolution. If that’s not possible, arbitration is the next step for residents outside the EEA, and potentially for EEA residents if both parties agree. Arbitration will be conducted under the rules of the International Chamber of Commerce. The location of arbitration depends on your residency. If arbitration is not chosen by EEA residents, Belgian courts have exclusive jurisdiction. For Canadian residents, if arbitration is unenforceable, the courts in Toronto have jurisdiction.
7.3 EXCLUSION OF REMEDIES: To the maximum extent permitted by law, Pioneer Group and its partners are not liable for any indirect, special, incidental, punitive, exemplary, or consequential damages arising from this License or your use of the Software. This exclusion applies even if Pioneer has been advised of the possibility of such damages, except in cases of Pioneer’s willful misconduct, gross negligence, or in instances of death or personal injury caused by Pioneer’s actions or omissions.
7.4 LIMITATION OF LIABILITY: Pioneer Group’s total liability for any damages or claims related to this License is limited to the greater of US$10.00 or the price you paid for the Pioneer product associated with the Software. This limitation is cumulative across the Pioneer Group and their partners.
7.5. YOUR SPECIFIC RIGHTS: Some jurisdictions may not allow the exclusion or limitation of certain damages, so some of these limitations might not apply to you. Your legal rights may vary depending on your location.
7.6 ESSENTIAL PURPOSE: These disclaimers, exclusions, and limitations apply even if any remedy fails to achieve its essential purpose, unless limited or modified by applicable law.
7.7 Severability and Waiver: If any part of this License is deemed unenforceable, that part will be modified to be enforceable or removed, while the rest of the License remains valid. Failure to enforce any provision does not constitute a waiver of future enforcement.
7.8 No Assignment: You cannot transfer this License without Pioneer’s written consent. Pioneer, however, can freely assign or transfer this License, typically with advance notice 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 in writing by Pioneer, and no other actions or customs can amend it. “Including” in this agreement means “including without limitation.”
Contacting Pioneer
8. CONTACT US: If you have questions or complaints about this License, you can visit Pioneer’s support website: https://global.pioneer/en/product_support/support/ or contact them via postal mail at one of the addresses provided based on your region:
- Pioneer Corporation (Japan)
- Pioneer Electronics AsiaCentre Pte. Ltd. (Singapore)
- Pioneer Europe NV (Belgium)
- Pioneer Electronics (USA) Inc. (USA)
This License was last revised on December 16, 2019, Version 1.0. Understanding this agreement is part of ensuring you get the best experience from your Pioneer surround system and software.
