Licence Agreement; Limitation Of Liability; Disclaimer Of Warranty - Pioneer CNDV-60M Operation Manual

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

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.
4

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.