Functions usable in combination with a computer, Drb1508-c, About the included cd-rom – Pioneer CDJ-350 User Manual

Page 8: Software end user license agreement

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DRB1508-C

En

8

8

Functions usable in combination

with a computer

About the included CD-ROM

This unit can be used in combination with a computer when the soft-
ware is installed onto the computer from the included CD-ROM.
The included CD-ROM contains the following two software programs.

 rekordbox music management software

Music files used for DJ play can be managed. The management infor-
mation can be transferred using USB devices (page 9).

 Driver software

When operating DJ software on the computer using this unit, the
sound of the music file that is playing can be output from this unit
(page 10).
! There is no need to install the driver software when using Mac OS X.

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, specifica-

tions 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, nontransfer-
able, 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 per-
mitted 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 lim-
ited 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 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

1

Limitation of Liability. In no event will Pioneer or its subsidiar-

ies be liable in connection with this Agreement or its subject
matter, under any theory of liability, for any indirect, inciden-
tal, 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.

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.

3

Severability and Waiver. If any provision of this Agreement is

held to be illegal, invalid or otherwise unenforceable, that pro-
vision 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.

4

No Assignment. You may not assign, sell, transfer, delegate or

otherwise dispose of this Agreement or any rights or obliga-
tions under it, whether voluntarily or involuntarily, by opera-
tion of law or otherwise, without Pioneer’s prior written con-
sent. 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.

5

Entire Agreement. This Agreement constitutes the entire

agreement between the parties and supersedes all prior or
contemporaneous agreements or representations, whether

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