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 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 solely for Your use with the Product(s) under this Agreement.
• 1.3 "Product" means the Pioneer product(s) for which the Program is licensed.

2. PROGRAM LICENSE

• 2.1 Limited License. Subject to this Agreement's restrictions, Pioneer grants to You a limited, non-exclusive, and non-transferable license (without the right to sublicense):
• (a) to install a single copy of the Program in Your computer or mobile　device,　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 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. EXPORT CONTROL AND COMPLICANCE WITH LAWS AND REGULATIONS

You may not use or otherwise export or re-export the Program or Documentation except as authorized by United States law and the laws of the jurisdiction in which the Program and Documentation were obtained. In particular, but without limitation, the Program or Documentation may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to 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 Program or Documentation you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Program or Documentation for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

5. U.S. GOVERNMENT RESTRICTED RIGHTS

The Program and Documentations are “commercial computer software” and “commercial computer software documentation” as those terms are defined in 48 C.F.R. §252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government’s rights with respect to the Program and Documentations are limited by this license pursuant to 48 C.F.R. § 12.212 (Computer software) (1995) and 48 C.F.R. §12.211 (Technical data) (1995) and/or 48 C.F.R. §227.7202-3, as applicable. As such, the Program and Documentations are being licensed to the U.S. Government end users: (a) only as “commercial items” as that term is defined in 48 C.F.R. §2.101 generally and as incorporated in DFAR 212.102; and (b) with only those limited rights as are granted to the public pursuant to this license. Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to other users, as provided for in this license. Manufacturer is Pioneer Corporation, 1-1 Shin-Ogura, Saiwai-ku, Kawasaki-shi, Kanagawa-Ken, 212-0031 Japan

6. 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 Agreeement.

7. 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 and Documentation and delete it from Your computer or mobile device 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, 6, 7 and 8 will continue in effect after this Agreement's termination.

8. GENERAL TERMS

• 8.1 Choice of Law; Court Location. This Agreement and all matters arising out of or in connection with this it are governed by the laws of Japan, except for any choice of law rules. You irrevocably consent to jurisdiction and venue of the Tokyo District Court for any controversy, claim or dispute. Application of the United Nations Convention on Contracts for the International Sales of Goods is expressly excluded.
• 8.2 Limitation of Liability. YOU AGREE THAT PIONEER, ITS LICENSORS AND THEIR RESPECTIVE SUBSIDIARIES WILL NOT 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, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT WILL PIONEER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PROGRAM OR THIS AGREEMENT EXCEED $5, REGARDLESS OF THE CAUSE OF ACTION, NATURE OF THE DAMAGES, OR THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS OR LIMITATIONS, TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MAY NOT APPLY TO YOU. YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.
• 8.3 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 of us of any default or breach of this Agreement will not waive any other or subsequent default or breach.
• 8.4 No Assignment. You may not assign, sell, delegate or otherwise transfer this Agreement or any rights or obligations under it, without Pioneer's prior written consent.
• 8.5 Entire Agreement. This Agreement constitutes the entire agreement between You and Pioneer with respect to the Program and Documentation. 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 license.