License agreement, Pioneer cndv-1000hd - for canada – Pioneer CNDV-1000HD User Manual

Page 2

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You shall not copy, reverse engineer, translate,
port, modify or make derivative works of the
Software. You shall not loan, rent, disclose,
publish, sell, assign, lease, sublicense, market
or otherwise transfer the Software or use it in
any manner not expressly authorized by this
agreement. You shall not derive or attempt to
derive the source code or structure of all or
any portion of the Software by reverse engi-
neering, disassembly, decompilation, or any
other means. You shall not use the Software to
operate a service bureau or for any other use
involving the processing of data for other per-
sons or entities.
Pioneer and its licensor(s) shall retain all copy-
right, trade secret, patent and other proprie-
tary ownership rights in the Software. The
Software is copyrighted and may not be cop-
ied, even if modified or merged with other pro-
ducts. You shall not alter or remove any
copyright notice or proprietary legend con-
tained in or on the Software.
You may transfer all of your license rights in
the Software, the related documentation and a
copy of this License Agreement to another
party, provided that the party reads and agrees
to accept the terms and conditions of this Li-
cense Agreement.

DISCLAIMER OF WARRANTY

The Software and related documentation are
provided to you

“AS IS”. PIONEER AND ITS LI-

CENSOR(S) (for the purpose of provisions 2
and 3, Pioneer and its licensor(s) shall be col-
lectively referred to as

“Pioneer”) MAKES AND

errors. Pioneer does not warrant that the Soft-
ware will meet your needs or expectations,
that operation of the Software will be error free
or uninterrupted, or that all non-conformities
can or will be corrected. Furthermore, Pioneer
does not make any representations or warran-
ties regarding the use or results of the use of
the Software in terms of its accuracy, reliability
or otherwise.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PIONEER BE LIABLE
FOR ANY DAMAGES, CLAIM OR LOSS IN-
CURRED BY YOU (INCLUDING, WITHOUT LIM-
ITATION, COMPENSATORY, INCIDENTAL,
INDIRECT, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, LOST PROFITS, LOST
INCOME, LOST SALES OR BUSINESS, EXPEN-
DITURES, INVESTMENTS, OR COMMITMENTS
IN CONNECTION WITH ANY BUSINESS, LOSS
OF ANY GOODWILL, OR DAMAGES) RESULT-
ING FROM THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IF PIONEER HAS
BEEN INFORMED OF, KNEW OF, OR SHOULD
HAVE KNOWN OF THE LIKELIHOOD OF
SUCH DAMAGES. THIS LIMITATION APPLIES
TO ANY AND ALL CAUSES OF ACTION INDIVI-
DUALLY OR IN THE AGGREGATE, INCLUDING
WITHOUT LIMITATION BREACH OF CON-
TRACT, BREACH OF WARRANTY, NEGLI-
GENCE, STRICT LIABILITY,
MISREPRESENTATION, AND OTHER TORTS.
IF PIONEER

’S WARRANTY DISCLAIMER OR

LIMITATION OF LIABILITY SET FORTH IN THIS
AGREEMENT SHALL OR FOR ANY REASON
WHATSOEVER BE HELD UNENFORCEABLE
OR INAPPLICABLE, YOU AGREE THAT
PIONEER

’S LIABILITY SHALL NOT EXCEED

FIFTY PERCENT (50%) OF THE PRICE PAID BY
YOU FOR THE ENCLOSED PIONEER PRO-
DUCT.

<IRB1021-A>5

License agreement

Some states do not allow the exclusion or lim-
itation of incidental or consequential da-
mages, so the above limitation or exclusion
may not apply to you. This warranty disclaimer
and limitation of liability shall not be applic-
able to the extent that they are prohibited by
any applicable federal, state or local law which
provides that such a disclaimer or limitation
cannot be waived or preempted.

EXPORT LAW ASSURANCES

You agree and certify that neither the Software
nor any other technical data received from
Pioneer, nor the direct product thereof, will be
exported outside the United States except as
authorized and as permitted by the laws and
regulations of the United States. If the Soft-
ware has been rightfully obtained by you out-
side of the United States, you agree that you
will not re-export the Software nor any other
technical data received from Pioneer, nor the
direct product thereof, except as permitted by
the laws and regulations of the United States
and the laws and regulations of the jurisdic-
tion in which you obtained the Software.

TERMINATION

This Agreement is effective until terminated.
You may terminate it at any time by destroying
the Software. The Agreement also will termi-
nate if you do not comply with any terms or
conditions of this Agreement. Upon such ter-
mination, you agree to destroy the Software.

U.S. GOVERNMENT END USERS

If the Software is being acquired by or on be-
half of the United States government or any
other entity seeking or applying rights similar
to those customarily claimed by the United
States government, the Data is licensed with
“Limited Rights”. Utilization of the Software is
subject to the restrictions specified in the
“Rights in Technical Data” clause at DFARS
252.227-7013, or the equivalent clause for non-
defense agencies. Pioneer Electronics (USA)

Inc., 2265 East 220th Street, Long Beach, CA
90810.

MISCELLANEOUS

This is the entire Agreement between Pioneer
and you regarding its subject matter. No
change in this Agreement shall be effective
unless agreed to in writing by Pioneer. Pioneer
retailers do not have the authority to change
this Agreement. This Agreement shall be gov-
erned by and construed in accordance with
the internal laws of the State of California. If
any provision of this Agreement is declared in-
valid or unenforceable, the remaining provi-
sions of this Agreement shall remain in full
force and effect.

<IRB1021-A>6

PIONEER CNDV-1000HD - for
Canada

THIS IS A LEGAL AGREEMENT BETWEEN
YOU, AS THE END USER, AND PIONEER
ELECTRONICS OF CANADA, INC.
(

“PIONEER”). PLEASE READ THE TERMS AND

CONDITIONS OF THIS AGREEMENT CARE-
FULLY BEFORE USING THE SOFTWARE IN-
STALLED ON THE PIONEER PRODUCTS. BY
USING THE SOFTWARE INSTALLED ON THE
PIONEER PRODUCTS, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREE-
MENT. THE SOFTWARE INCLUDES A DATA-
BASE LICENSED BY THIRD PARTY SUPPLIER
(S) (

“SUPPLIERS”), AND YOUR USE OF THE

DATABASE IS COVERED BY THE SUPPLIERS

’

SEPARATE TERMS, WHICH ARE ATTACHED
TO THIS AGREEMENT (Refer to TERMS AND
CONDITIONS FOR THE TELE ATLAS DATA). IF
YOU DO NOT AGREE WITH ALL OF THESE
TERMS, PLEASE RETURN THE PIONEER PRO-
DUCTS (INCLUDING THE SOFTWARE, AND
ANY WRITTEN MATERIALS) WITHIN FIVE (5)
DAYS OF RECEIPT OF THE PRODUCTS, TO
THE AUTHORIZED PIONEER DEALER FROM
WHICH YOU PURCHASED THEM. USE OF
THE SOFTWARE SHALL BE DEEMED TO BE
YOUR CONSENT TO THE LICENSE AGREE-
MENT.

GRANT OF LICENSE

Pioneer grants to you a non-transferable, non
exclusive license to use the software installed
on the Pioneer products (the

“Software”) and

the related documentation solely for your own
personal use or for internal use by your busi-
ness, only on such Pioneer products.
You shall not copy, reverse engineer, translate,
port, modify or make derivative works of the
Software. You shall not loan, rent, disclose,
publish, sell, assign, lease, sublicense, market
or otherwise transfer the Software or use it in
any manner not expressly authorized by this
agreement. You shall not derive, or attempt to

derive, the source code or structure of all or
any portion of the Software by reverse engi-
neering, disassembly, decompilation, or any
other means. You shall not use the Software to
operate a service bureau or for any other use
involving the processing of data for other per-
sons or entities.
Pioneer and its licensor(s) shall retain all copy-
right, trade secret, patent and other proprie-
tary ownership rights in the Software. The
Software is copyrighted and may not be cop-
ied, even if modified or merged with other pro-
ducts. You shall not alter or remove any
copyright notice or proprietary legend con-
tained in or on the Software.
You may transfer all of your license rights in
the Software, the related documentation and a
copy of this License Agreement to another
party, provided that the party reads and agrees
to accept the terms and conditions of this Li-
cense Agreement.

<IRB1021-A>7

DISCLAIMER OF WARRANTY

The Software and related documentation are
provided to you

“AS IS”. PIONEER AND ITS LI-

CENSOR(S) (for the purpose of provisions 2
and 3, Pioneer and its licensor(s) shall be col-
lectively referred to as

“Pioneer”) MAKES AND

YOU RECEIVE NO WARRANTY FOR THE SOFT-
WARE, WHETHER EXPRESS OR IMPLIED,
AND ALL WARRANTIES OF MERCHANTABIL-
ITY AND FITNESS FOR ANY PARTICULAR
PURPOSE FOR THE SOFTWARE ARE EX-
PRESSLY EXCLUDED. SOME STATES DO NOT
ALLOW EXCLUSION OF IMPLIED WARRAN-
TIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. The Software is complex and
may contain some nonconformities, defects or
errors. Pioneer does not warrant that the Soft-
ware will meet your needs or expectations,
that operation of the Software will be error free
or uninterrupted, or that all non-conformities
can or will be corrected. Furthermore, Pioneer
does not make any representations or warran-
ties regarding the use or results of the use of
the Software in terms of its accuracy, reliability
or otherwise.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PIONEER BE LIABLE
FOR ANY DAMAGES, CLAIM OR LOSS IN-
CURRED BY YOU (INCLUDING, WITHOUT LIM-
ITATION, COMPENSATORY, INCIDENTAL,
INDIRECT, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, LOST PROFITS, LOST
SALES OR BUSINESS, EXPENDITURES, IN-
VESTMENTS, OR COMMITMENTS IN CON-
NECTION WITH ANY BUSINESS, LOSS OF
ANY GOODWILL, OR DAMAGES) RESULTING
FROM THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IF PIONEER HAS
BEEN INFORMED OF, KNEW OF, OR SHOULD
HAVE KNOWN OF THE LIKELIHOOD OF
SUCH DAMAGES. THIS LIMITATION APPLIES
TO ALL CAUSES OF ACTION IN THE AGGRE-
GATE, INCLUDING WITHOUT LIMITATION
BREACH OF CONTRACT, BREACH OF WAR-

RANTY, NEGLIGENCE, STRICT LIABILITY, MIS-
REPRESENTATION, AND OTHER TORTS. IF
PIONEER

’S WARRANTY DISCLAIMER OR

LIMITATION OF LIABILITY SET FORTH IN THIS
AGREEMENT SHALL OR FOR ANY REASON
WHATSOEVER BE HELD UNENFORCEABLE
OR INAPPLICABLE, YOU AGREE THAT
PIONEER

’S LIABILITY SHALL NOT EXCEED

FIFTY PERCENT (50%) OF THE PRICE PAID BY
YOU FOR THE ENCLOSED PIONEER PRO-
DUCT.
Some states do not allow the exclusion or lim-
itation of incidental or consequential da-
mages, so the above limitation or exclusion
may not apply to you. This warranty disclaimer
and limitation of liability shall not be applic-
able to the extent that they are prohibited by
any applicable federal, state or local law which
provides that such a disclaimer or limitation
cannot be waived or preempted.

EXPORT LAW ASSURANCES

You agree and certify that neither the Software
nor any other technical data received from
Pioneer, nor the direct product thereof, will be
exported outside Canada except as authorized
and as permitted by the laws and regulations
of Canada. If the Software has been rightfully
obtained by you outside of Canada, you agree
that you will not re-export the Software nor any
other technical data received from Pioneer,
nor the direct product thereof, except as per-
mitted by the laws and regulations of Canada
and the laws and regulations of the jurisdic-
tion in which you obtained the Software.

TERMINATION

<IRB1021-A>8

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