Pioneer AVIC-D3 Owner's Manual - Page 3
Introduction - avic
UPC - 012562844169
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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 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 LICENSED BY THIRD PARTY SUPPLIER(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 "Software") and the related documentation solely for your own personal 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 otherwise 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 Software 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 Software. 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 provisions 2 and 3, Pioneer and its licensor(s) shall be collectively referred to as "Pioneer") MAKES AND YOU RECEIVE NO WARRANTY 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 EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The Software is complex and may contain 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 regarding 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, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST INCOME, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS IN CONNECTION 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 ANY AND ALL CAUSES OF ACTION INDIVIDUALLY OR IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, 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 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 prohibited by any applicable federal, state or local law which provides that such a disclaimer or limitation cannot be waived or preempted. 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 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 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 Software. 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 government, 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 internal laws of the State of California. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. 1