Software end user license agreement – Pioneer SEP-C1 User Manual

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When the software entertainment controller SEP-C1 is to be used connected to a computer installed with the Microsoft Windows
operating system, it is necessary to first install the SEP-C1 driver software.
Also, be sure to read the printed information “INSTALLATION GUIDELINES” and “CONNECTIONS” provided with the SEP-C1 before
installing the driver and connecting the player to the computer.

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
1.1 “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.

PROGRAM LICENSE
2.1 Limited License. Subject to this Agreement’s restrictions,

Pioneer grants to You a limited, non-exclusive, non-
transferable, 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

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.

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.

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.

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 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.

GENERAL TERMS
6.1 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 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 or its subsidiaries 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.

6.2 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 limitations or exclusions are
permitted under the laws of the jurisdiction where You are
located.

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.

6.6 You agree that this Agreement shall be governed and

construed by and under the laws of Japan.