Pioneer RMX-1000-M - Manual (Page 18)

Using the included software
Software end user license
agreement
This Software End User License Agreement (“Agreement”) is between
you (both the individual installing the 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 “Documentation” means written documentation, specifications
and help content made generally available by Pioneer to aid in
installing and using the Program.
2 “Program” means all or any part of Pioneer’s software licensed to
You by Pioneer under this Agreement.
2 Program license
1 Limited License. Subject to this Agreement’s restrictions,
Pioneer grants to You a limited, non-exclusive, nontransferable,
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 (“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 pur-
poses, provided that all titles and trademark, copyright and
restricted rights notices are reproduced on the copy.
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.
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.
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
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 posses-
sion, 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
1 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 pro-
curement, 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 or its subsidiaries for the Program. The parties acknowl-
edge 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.
2 The limitations or exclusions of warranties and liability contained
in this Agreement do not affect or prejudice Your statutory rights
as consumer and shall apply to You only to the extent such limita-
tions or exclusions are permitted under the laws of the jurisdic-
tion where You are located.
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 enforce-
ment, 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.
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 pur-
ported 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 respec-
tive successors and assigns.
5 Entire Agreement. This Agreement constitutes the entire agree-
ment between the parties and supersedes all prior or contem-
poraneous 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.
6 You agree that this Agreement shall be governed and construed
by and under the laws of Japan.
18 En