License Agreement; Pioneer Avic-D3 - For U.s - Pioneer AVIC-D3 - Navigation System With DVD Player Operation Manual

Introduction

License Agreement

PIONEER AVIC-D3 - 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
copyright notice or proprietary legend contained in or on the Soft-
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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