Please read the following Software Licensing Condition and agree with it.
Download Software End User License Agreement
This Software End User License Agreement ("Agreement") is between you (both the individual installing the
Downloaded Program and any single legal entity for which the individual is
acting) ("You" or "Your") and PIONEER Corporation ("Pioneer").
TAKING
ANY STEP TO SET UP OR INSTALL THE PROGRAM MEANS THAT YOU ACCEPT ALL OF THE
TERMS OF THIS LICENSE AGREEMENT. PERMISSION TO DOWNLOAD AND/OR USE THE
PROGRAM IS EXPRESSLY CONDITIONED ON YOUR FOLLOWING THESE TERMS. WRITTEN OR
ELECTRONIC APPROVAL IS NOT REQUIRED TO MAKE THIS AGREEMENT VALID AND
ENFORCEABLE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
YOU ARE NOT AUTHORIZED TO USE THE PROGRAM AND MUST STOP INSTALLING IT OR
UNINSTALL IT, AS APPLICABLE.
1. DEFINITIONS
| 1.1 |
Documentation means written documentation, specifications and help content made generally available by Pioneer to aid in installing and using the Program. |
| 1.2 |
Program means all or any part of Pioneer's software licensed to You by Pioneer under this Agreement. |
2. PROGRAM LICENSE
| 2.1 |
Limited License. Subject to this Agreement's
restrictions, Pioneer grants to You a limited, non-exclusive,
non-transferable, royalty-free license (without the right to
sublicense): |
|
| (a) |
To install a single copy of the Program on the hard disk drive
of Your computer, to use the Program only for Your personal purpose
complying with this Agreement and the Documentation for a period of
up to 30 days from the commencement of the use of the Program
("Authorized Use"); |
| (b) |
To use the Documentation in support of Your Authorized Use; and |
| (c) |
To make one copy of the Program solely for backup purposes,
provided that all titles and trademark, copyright and restricted
rights notices are reproduced on the copy. |
| 2.2 |
Restrictions. You will not copy or use the Program or
Documentation except as expressly permitted by this Agreement. You
will not transfer, sublicense, rent, lease or lend the Program, or
use it for third-party training, commercial time-sharing or service
bureau use. You will not Yourself or through any third party modify,
reverse engineer, disassemble or decompile the Program, except to
the extent expressly permitted by applicable law, and then only
after You have notified Pioneer in writing of Your intended
activities. You will not use the Program on multiple processors
without Pioneer's prior written consent. |
| 2.3 |
Ownership. Pioneer or its licensor retains all right, title and
interest in and to all patent, copyright, trademark, trade secret
and other intellectual property rights in the Program and
Documentation, and any derivative works thereof. You do not acquire
any other rights, express or implied, beyond the limited license set
forth in this Agreement. |
| 2.4 |
No Support. Pioneer has no obligation to provide support,
maintenance, upgrades, modifications or new releases for the Program
or Documentation under this Agreement. |
3. WARRANTY DISCLAIMER
THE PROGRAM AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT
ANY REPRESENTATIONS OR WARRANTIES, AND YOU AGREE TO USE THEM AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PIONEER EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND
DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING OUT OF
COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY, ACCURACY, TITLE OR NON-INFRINGEMENT.
4. DAMAGES AND REMEDIES FOR BREACH
You agree that any breach of this Agreement's restrictions
would cause Pioneer irreparable harm for which money damages alone would
be inadequate. In addition to damages and any other remedies to which
Pioneer may be entitled, You agree that Pioneer may seek injunctive relief
to prevent the actual, threatened or continued breach of this Agreement.
5. TERMINATION
This Agreement is effective for a period provided in 2.1
(a) herein. Pioneer may terminate this Agreement at any time upon Your
breach of any provision. If this Agreement is terminated, You will stop
using the Program, permanently delete it from the computer where it
resides, and destroy all copies of the Program and Documentation in Your
possession, confirming to Pioneer in writing that You have done so.
Sections 2.2, 2.3, 2.4, 3, 4, 5 and 6 will continue in effect after this
Agreement's termination.
6. GENERAL TERMS
| 6.1 |
Application of the United Nations Convention on
Contracts for the International Sales of Goods is expressly
excluded. |
| 6.2 |
Limitation of Liability. In no event will Pioneer or its
subsidiaries be liable in connection with this Agreement or its
subject matter, under any theory of liability, for any indirect,
incidental, special, consequential or punitive damages, or damages
for lost profits, revenue, business, savings, data, use, or cost of
substitute procurement, even if advised of the possibility of such
damages or if such damages are foreseeable. In no event will
Pioneer's liability for all damages exceed the amounts actually paid
by You to Pioneer for the Program. The parties acknowledge that the
liability limits and risk allocation in this Agreement are reflected
in the Program price and are essential elements of the bargain
between the parties, without which Pioneer would not have provided
the Program or entered into this Agreement. |
| 6.3 |
Severability and Waiver. If any provision of this Agreement is
held to be illegal, invalid or otherwise unenforceable, that
provision will be enforced to the extent possible or, if incapable
of enforcement, deemed to be severed and deleted from this
Agreement, and the remainder will continue in full force and effect.
The waiver by either party of any default or breach of this
Agreement will not waive any other or subsequent default or
breach. |
| 6.4 |
No Assignment. You may not assign, sell, transfer, delegate or
otherwise dispose of this Agreement or any rights or obligations
under it, whether voluntarily or involuntarily, by operation of law
or otherwise, without Pioneer's prior written consent. Any purported
assignment, transfer or delegation by You will be null and void.
Subject to the foregoing, this Agreement will be binding upon and
will inure to the benefit of the parties and their respective
successors and assigns. |
| 6.5 |
Entire Agreement. This Agreement constitutes the entire
agreement between the parties and supersedes all prior or
contemporaneous agreements or representations, whether written or
oral, concerning its subject matter. This Agreement may not be
modified or amended without Pioneer's prior and express written
consent, and no other act, document, usage or custom will be deemed
to amend or modify this
Agreement. |
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