Pioneer AVIC N4 Operations Manual download pdf (Page 3)

Introduction

License Agreement

PIONEER AVIC-N4 - for U.S.A.

THIS IS A LEGAL AGREEMENT BETWEEN YOU, AS THE END

USER, AND PIONEER ELECTRONICS (USA) INC. (“PIONEER”).

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREE-

MENT 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 LICENSED 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 (Refer to page 3). 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 AUTHORIZED PIONEER DEALER FROM

WHICH YOU PURCHASED THEM. USE OF THE SOFTWARE

SHALL BE DEEMED TO BE YOUR CONSENT TO THE LICENSE

AGREEMENT.

1. GRANT OF LICENSE

Pioneer grants to you a non-transferable, non exclusive license 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, sublicense, market or other-

wise 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 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

ware.

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 License 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 FOR THE SOFTWARE, WHETHER EXPRESS OR IMPLIED,

AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR ANY PARTICULAR PURPOSE FOR THE SOFTWARE ARE

EXPRESSLY EXCLUDED. SOME STATES DO NOT ALLOW EXCLU-

SION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION

MAY NOT APPLY TO YOU. The Software is complex and may con-

tain some nonconformities, 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 representations or warranties regard-

ing 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 INCOME, LOST SALES OR BUSINESS, EXPENDI-

TURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION

WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR DAMAGES)

RESULTING FROM THE USE OF OR INABILITY TO USE THE SOFT-

WARE, 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 INDIVIDUALLY OR IN THE AGGREGATE,

INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT,

BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MIS-

REPRESENTATION, AND OTHER TORTS. IF PIONEER’S WAR-

RANTY 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 PIO-

NEER PRODUCT.

Some states do not allow the exclusion or limitation of incidental

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 they are prohib-

ited by any applicable federal, state or local law which provides

that such a disclaimer or limitation cannot be waived or pre-

empted.

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 United States except as authorized

and as permitted by the laws and regulations of the United States.

If the Software has been rightfully obtained by you outside 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.

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. U.S. GOVERNMENT END USERS

If the Software is being acquired by or on behalf of the United

States government or any other entity seeking or applying rights

similar to those customarily claimed by the United States govern-

ment, 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.

7. 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 governed by and construed in accordance with the inter-

nal laws of the State of California. If any provision of this Agree-

ment is declared invalid or unenforceable, the remaining

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

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