Pioneer CNDV-900HD - Manual (Page 2)

PIONEER CNDV-900HD
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 LICENSED 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 Tele Atlas End User
Licensing Terms). IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS, PLEASE RE-
TURN THE PIONEER PRODUCTS (INCLUDING
THE SOFTWARE, AND ANY WRITTEN MATERI-
ALS) WITHIN FIVE (5) DAYS OF RECEIPT OF
THE PRODUCTS, TO THE AUTHORISED
PIONEER DEALER FROM WHICH YOU PUR-
CHASED 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 non-conformities, 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 non-con-
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
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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.
<IRB1017-A>5
Licence Agreement
Engb
Tele Atlas End User
Licensing Terms
THIS IS A LEGAL AGREEMENT (THE “AGREE-
MENT ”) BETWEEN YOU, THE END USER, AND
PIONEER and its licensors of Data product
(sometimes collectively
“Licensors”). BY
USING YOUR COPY OF THE LICENSED DATA,
YOU AGREE TO THE TERMS AND CONDI-
TIONS OF THIS AGREEMENT.
1 Grant of License.
Licensors grant you a non-transferable, nonex-
clusive license to use the map data and busi-
ness points of interest information (the
“POIs”), (together, the “Data”) contained on
these discs, solely for personal, non-commer-
cial use and not to operate a service bureau or
for any other use involving the processing of
data of other persons or entities. You may
make one (1) copy of the Data for archival or
backup purposes only but you may not other-
wise copy, reproduce, modify, make derivative
works, derive the structure of or reverse engi-
neer the Data. The Data is restricted for use
with the PIONEER Product(s). The Data con-
tains confidential and proprietary information
and materials, and may contain trade secrets,
so you agree to hold the Data in confidence
and in trust and not to disclose the Data or
any portions in any form, including by renting,
leasing, publishing, leasing, sublicensing or
transferring the Data to any third party. You
are explicitly prohibited from downloading the
digital maps and programmes contained in
the Data or from transferring these to another
data carrier or computer. You are prohibited
from using the POIs (i) to create mailing lists
or (ii) for other such similar uses.
2 Ownership.
The Data is copyrighted by the Licensors and
the Licensors retain all ownership rights in the
Data. You agree not to alter, remove, obliterate,
or obscure any copyright notice or proprietary
legend contained in or on the Data. The cur-
rent copyrights are as follows:
Data Source
ã 2009 Tele Atlas
ã BEV, GZ 1368/2003
ã DAV
ã IGN France Michelin data ã Michelin 2009
ã Ordnance Survey of Northern Ireland
ã Norwegian Mapping Authority, Public
Roads Administration /
ã Mapsolutions
ã Swisstopo
Topografische ondergrond Copyright
ã dienst
voor het kadaster en de openbare registers,
Apeldoorn 2009
ã Roskartographia
This product includes mapping data licenced
from Ordnance Survey with the permission of
the Controller of Her Majesty
’s Stationery Of-
fice.
ã Crown copyright and/or database right
2009. All rights reserved. Licence number
100026920.
3 Warranty Disclaimer.
THE DATA IS PROVIDED ON AN
“AS IS” AND
“WITH ALL FAULTS BASIS” AND PIONEER,
ITS LICENSORS, AND ITS LICENSED DISTRI-
BUTORS AND SUPPLIERS (COLLECTIVELY,
“SUPPLIERS”) EXPRESSLY DISCLAIM ALL
OTHER WARRANTIES, EXPRESS OR IM-
PLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF NON-INFRIN-
GEMENT, MERCHANTABILITY, EFFECTIVE-
NESS, COMPLETENESS, ACCURACY, TITLE
AND FITNESS FOR A PARTICULAR PURPOSE.
PIONEER, ITS LICENSORS AND SUPPLIERS
DO NOT WARRANT THAT THE DATA WILL
MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF THE DATA WILL BE UNINTER-
RUPTED OR ERROR FREE. NO ORAL OR
WRITTEN ADVICE GIVEN BY PIONEER, ITS LI-
CENSORS, SUPPLIERS OR ANY OF THEIR RE-
SPECTIVE EMPLOYEES CREATES A
WARRANTY OR IN ANY WAY INCREASES
PIONEER
’, ITS LICENSORS OR SUPPLIERS
LIABILITY AND YOU MAY NOT RELY ON ANY
SUCH INFORMATION OR ADVICE. THIS DIS-
CLAIMER IS AN ESSENTIAL CONDITION OF
THIS AGREEMENT AND YOU ACCEPT THE
DATA ON THIS BASIS.
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