Pioneer cndv-1100hd, Licence agreement – Pioneer CNDV-1100HD User Manual

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PIONEER CNDV-1100HD

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 SOFT-
WARE INSTALLED ON THE PIONEER PRO-
DUCTS, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT. THE SOFT-
WARE INCLUDES A DATABASE LICENCED BY
THIRD PARTY SUPPLIER(S) (

“SUPPLIERS”),

AND YOUR USE OF THE DATABASE IS COV-
ERED BY THE SUPPLIERS

’ SEPARATE

TERMS, WHICH ARE ATTACHED TO THIS
AGREEMENT (refer to TERMS AND CONDI-
TIONS FOR THE TOMTOM DATA). IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS,
PLEASE RETURN THE PIONEER PRODUCTS
(INCLUDING THE SOFTWARE, AND ANY
WRITTEN MATERIALS) 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

“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, sublicence, market
or otherwise 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 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 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 Li-
cence Agreement.

2

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, WHETHER EX-
PRESS OR IMPLIED, AND ALL WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR
ANY PARTICULAR PURPOSE ARE EX-
PRESSLY EXCLUDED. SOME COUNTRIES DO
NOT ALLOW EXCLUSION OF IMPLIED WAR-
RANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU. The Software is complex
and may contain some nonconformities, de-
fects or errors. Pioneer does not warrant that
the Software will meet your needs or expecta-
tions, that operation of the Software will be
error free or uninterrupted, or that all noncon-
formities can or will be corrected. Further-
more, Pioneer does not make any
representations or warranties regarding the
use or results of the use of the Software in
terms of its accuracy, reliability or otherwise.

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Licence agreement

3

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 countries do not allow the exclusion or
limitation 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 any provision of this
warranty is prohibited by any country or local
law which cannot be pre-empted.

4

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 country or district (the
“Country”) governed by the government having

jurisdiction over you (the

“Government”) ex-

cept as authorised and as permitted by the
laws and regulations of the Government. If the
Software has been rightfully obtained by you
outside of the Country, you agree that you will
not re-export the Software nor any other tech-
nical data received from Pioneer, nor the di-
rect product thereof, except as permitted by
the laws and regulations of the Government
and the laws and regulations of the jurisdic-
tion 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 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.

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.

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Licence agreement

TERMS AND CONDITIONS FOR THE TOMTOM DATA

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