Licence agreement pioneer cndv-60m, Grant of licence, Disclaimer of warranty – Pioneer CNDV-60M User Manual

Page 4: Limitation of liability, Export law assurances, Termination, Miscellaneous

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Licence Agreement

PIONEER CNDV-60M

THIS IS A LEGAL AGREEMENT BETWEEN YOU, AS THE END

USER, AND PIONEER CORP.(JAPAN) (“PIONEER”). PLEASE

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT

CAREFULLY BEFORE USING THE SOFTWARE INSTALLED ON

THE PIONEER PRODUCTS. BY USING THE SOFTWARE

INSTALLED ON THE PIONEER PRODUCTS, YOU AGREE TO BE

BOUND BY THE TERMS OF THIS AGREEMENT. THE SOFTWARE

INCLUDES A DATABASE LICENCED BY THIRD PARTY SUP-

PLIER(S) (“SUPPLIERS”), AND YOUR USE OF THE DATABASE IS

COVERED BY THE SUPPLIERS’ SEPARATE TERMS, WHICH ARE

ATTACHED TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH

ALL OF THESE TERMS, PLEASE RETURN THE PIONEER PROD-

UCTS (INCLUDING THE SOFTWARE, AND ANY WRITTEN MATE-

RIALS) WITHIN FIVE (5) DAYS OF RECEIPT OF THE PRODUCTS,

TO THE AUTHORISED PIONEER DEALER FROM WHICH YOU

PURCHASED THEM.

1. GRANT OF LICENCE

Pioneer grants to you a non-transferable, non-exclusive licence to

use the software installed on the Pioneer products (the “Soft-

ware”) and the related documentation solely for your own per-

sonal use or for internal use by your business, 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, sublicence, market or other-

wise transfer the Software or use it in any manner not expressly

authorised by this agreement. You shall not derive or attempt to

derive the source code or structure of all or any portion of the Soft-

ware by reverse engineering, 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 persons or entities.

Pioneer and its licensor(s) shall retain all copyright, trade secret,

patent and other proprietary ownership rights in the Software. The

Software is copyrighted and may not be copied, even if modified

or merged with other products. You shall not alter or remove any

copyright notice or proprietary legend contained in or on the Soft-

ware.

You may transfer all of your licence rights in the Software, the

related documentation and a copy of this Licence Agreement to

another party, provided that the party reads and agrees to accept

the terms and conditions of this Licence Agreement.

2. DISCLAIMER OF WARRANTY

The Software and related documentation are provided to you “AS

IS”. PIONEER AND ITS LICENSOR(S) (for the purpose of provi-

sions 2 and 3, Pioneer and its licensor(s) shall be collectively

referred to as “Pioneer”) MAKES AND YOU RECEIVE NO WAR-

RANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRAN-

TIES OF MERCHANTABILITY AND FITNESS FOR ANY

PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. SOME

COUNTRIES 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 non-conformities,

defects or errors. Pioneer does not warrant that the Software 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 rep-

resentations or warranties regarding the use or results of the use

of the Software in terms of its accuracy, reliability or otherwise.

3. LIMITATION OF LIABILITY

IN NO EVENT SHALL PIONEER BE LIABLE FOR ANY DAMAGES,

CLAIM OR LOSS INCURRED BY YOU (INCLUDING, WITHOUT

LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPE-

CIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST

PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVEST-

MENTS, OR COMMITMENTS IN CONNECTION WITH ANY BUSI-

NESS, 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

AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF

CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIA-

BILITY, MISREPRESENTATION, AND OTHER TORTS. IF PIO-

NEER’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 PRODUCT.

Some countries do not allow the exclusion or limitation of inciden-

tal or consequential damages, so the above limitation or exclusion

may not apply to you. This warranty disclaimer and limitation of

liability shall not be applicable to the extent that any provision of

this warranty is prohibited by any country or local law which can-

not be preempted.

4. EXPORT LAW ASSURANCES

You agree and certify that neither the Software nor any other tech-

nical data received from Pioneer, nor the direct product thereof,

will be exported outside the country or district (the “Country”) gov-

erned by the government having jurisdiction over you (the

“Goverment”) except as authorised and as permitted by the laws

and regulations of the Goverment. If the Software has been right-

fully obtained by you outside of the Country, 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 Goverment and the

laws and regulations of the jurisdiction in which you obtained the

Software.

5. TERMINATION

This Agreement is effective until terminated. You may terminate it

at any time by destroying the Software. The Agreement also will

terminate if you do not comply with any terms or conditions of this

Agreement. Upon such termination, you agree to destroy the Soft-

ware.

6. 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. If any provision of this

Agreement is declared invalid or unenforceable, the remaining

provisions of this Agreement shall remain in full force and effect.

MAN-CNDV-60M-EN.fm Page 4 Wednesday, April 5, 2006 2:02 PM

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