This End-User License Agreement was last revised on October 11, 2016
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN PIONEER CORPORATION, LOCATED AT 28-8, HONKOMAGOME 2-CHOME, BUNKYO-KU, TOKYO 113-0021, Japan (“PIONEER”) AND YOU. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT APPLIES TO THE USE OF THE SOFTWARE (DEFINED BELOW), WHICH IS USED TO ACCESS APPRADIO LIVE. PLEASE READ THIS AGREEMENT CAREFULLY.
DO NOT CLICK ON THE BUTTON BELOW THAT INDICATES YOU ACCEPT THIS AGREEMENT OR USE THE SOFTWARE UNTIL YOU HAVE READ AND AGREED TO BE BOUND BY THIS AGREEMENT.
YOU ARE ACKNOWLEDGING:
THAT YOU HAVE READ THIS AGREEMENT,
THAT YOU UNDERSTAND IT, AND
THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT,
CLICK THE ACCEPTANCE BUTTON ON THE ELECTRONIC VERSION OF THIS AGREEMENT, OR
INSTALL OR USE ANY PART OF THE APPRADIO LIVE APPLICATION AND RELATED PRINTED OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, AS MAY BE UPDATED, MODIFIED, ADDED TO OR UPGRADED FROM TIME TO TIME, THE “SOFTWARE”).
ADDITIONALLY, YOU ACKNOWLEDGE THAT YOU ARE THE LEGAL AGE OF MAJORITY IN YOUR STATE OF RESIDENCE. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY IN YOUR STATE OF RESIDENCE, YOU REPRESENT THAT YOU HAVE OBTAINED YOUR PARENT’S OR GUARDIAN'S CONSENT TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE BUTTON BELOW THAT INDICATES THAT YOU DO NOT ACCEPT THIS AGREEMENT AND DO NOT INSTALL OR USE ANY PART OF THE SOFTWARE.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, PIONEER RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME. YOU WILL BE NOTIFIED WITHIN THE APP AS TO ANY CHANGES TO THIS AGREEMENT. YOUR USE OF THE APP AFTER RECEIPT OF SUCH NOTICE WILL BE CONDITIONED UPON ACCEPTANCE OF THE CHANGES.
1. GRANT OF LICENSE. Pioneer hereby grants you a nonexclusive, limited, revocable, personal and free of charge license to use the Software for personal and non-commercial purposes upon the terms and conditions set forth in this Agreement and according to applicable law. Pioneer reserves all rights not granted in this Agreement. The license does not grant any right to obtain future upgrades, updates or supplements of the Software. If upgrades, updates or supplements of the Software are obtained, however, the use of such upgrades, updates or supplements is governed by this Agreement and any amendments to it unless other terms accompany the upgrades, updates or supplements, in which case those terms apply.
2. RESTRICTIONS ON USE. You may not, directly or indirectly:
copy the Software,
sub-license, lend, lease or otherwise make the Software available to any third party (on the Internet or tangible media, by broadcast or in any other manner),
use the Software commercially,
modify, adapt or translate any part of the Software,
reverse engineer, decompile or disassemble the Software or otherwise attempt to obtain its source code,
bypass, modify, defeat, tamper with or circumvent any of the securities features of the Software, including altering any digital rights management functionality of the Software,
remove or alter any copyright, trademark or other proprietary notice contained in the Software,
use the Software in any manner not set forth in this Agreement or the Software’s documentation, or
assist or encourage any third party in engaging in any activity restricted by this Agreement.
Other than the limited license granted to you in this Section, you have no other right, title or interest in or to the Software. Any rights not expressly granted to you are fully reserved by us and/or our suppliers or licensors, as applicable, and no such rights are conferred by estoppel, operation of law, implication or otherwise.
You may not use or otherwise export or re-export the Software in violation of the laws of the jurisdiction(s) in which the Software was lawfully obtained. Without limiting the foregoing, the Software may not be exported or re-exported into any countries embargoed by the United States or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by Japanese, United States, or European Union law, including without limitation the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
3. REQUIREMENTS FOR USE. Use of the Software requires compatible devices and Internet access and may require certain additional software and periodic updates; the Software may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of the Software is recommended to access AppRadio Live and may be required for certain transactions or features and to download applications. You agree that these requirements, which may change from time to time, are your responsibility. The Software is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Software.
4. APPROPRIATE USE. You agree to use the Software in:
a manner consistent with all applicable laws and regulations, this Agreement and related requirements and guidelines for the Software and AppRadio Live, and
a reasonable, safe and appropriate manner considering all the circumstances associated with that use.
You agree not to use the Software:
for any illegal, non-personal or unauthorized purpose,
in a manner that could damage or cause risk to Pioneer’s business, reputation, employees, customers, facilities, or to any third party,
in a manner that would distract the driver or that may otherwise cause injury or death to vehicle occupants or bystanders, or
in a manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
Pioneer is not in any way responsible for any such use by you or for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Software. In all cases, Pioneer may limit or revoke your use for any reason and at any time. Use of some software features while a vehicle is in motion may be against the laws of the jurisdiction in which you use the software. Use of some software features by the driver or by the vehicle occupants while a vehicle is in motion may also be distracting to the driver and could cause serious injury or death to vehicle occupants or bystanders. IT IS ILLEGAL IN MOST STATES OF THE UNITED STATES AND MAY BE ILLEGAL IN OTHER JURISDICTIONS FOR ANY TELEVISION OR OTHER VIDEO DISPLAY, STREAM, TRANSMISSION OR BROADCAST TO BE VISIBLE TO THE DRIVER WHILE THE VEHICLE IS IN MOTION. YOU AGREE NOT TO USE ANY VISUAL COMPONENT OF AppRadio Live WHILE IN CONTROL OF A MOVING VEHICLE WHERE DOING SO WOULD BE ILLEGAL OR DANGEROUS TO VEHICLE OCCUPANTS OR BYSTANDERS. DOING OTHERWISE CAN LEAD TO SERIOUS INJURY OR DEATH TO YOU AND OTHERS. PLEASE FIND A SAFE PLACE TO PARK AND ENGAGE THE PARKING BRAKE BEFORE VIEWING ANY VIDEO DISPLAYS, STREAMS, TRANSMISSION, OR BROADCAST AVAILABLE THROUGH APPRADIO LIVE.
5. ASSIGNMENT. This Agreement and all of your rights and obligations under it are not assignable or transferable by you without Pioneer’s prior written consent. If you assign the Software, your rights under this Agreement will terminate immediately and you may not retain the original or any copies of the Software. Pioneer may freely assign or transfer this Agreement or any of its rights or obligations under it.
6. TERMINATION. This Agreement commences upon your acceptance (as described in the preamble) and is concluded for the entire term of the copyright protection of the Software under applicable law.
Pioneer or you may terminate this Agreement at any time by giving a one month written notice to the other Party.
Pioneer may terminate this Agreement, and therefore your right to use the Software, without any prior notice, any prior judicial intervention, and with immediate effect if you fail to comply with any provision in Section 2, 3, 4 or 5 of this Agreement.
If this Agreement is terminated, you must:
cease all use of the Software,
destroy the original and all copies of the Software, and
delete all copies of the Software from the hardware on which it has been installed.
7. DISCLAIMER OF WARRANTIES. SINCE THE SOFTWARE IS LICENSED FREE OF CHARGE TO YOU, PIONEER WARRANTS ONLY THAT THE SOFTWARE HAS BEEN DEVELOPED AND MADE AVAILABLE IN ACCORDANCE WITH THE USUAL STANDARDS IN THE INDUSTRY FOR FREE SOFTWARE. IN ALL OTHER RESPECTS, THERE IS NO WARRANTY FOR THE SOFTWARE, AND THE SOFTWARE IS PROVIDED “AS IS AND WITH ALL FAULTS.” PIONEER AND THE THIRD PARTY PROVIDERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU USE THE SOFTWARE AT YOUR OWN RISK.
WITHOUT LIMITATION TO THE FOREGOING, PIONEER AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT
THE SOFTWARE WILL BE ERROR-FREE,
YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE,
THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR
THE SOFTWARE WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION YOU CHOOSE.
NO WRITTEN OR ORAL STATEMENTS BY PIONEER GROUP OR OTHERS SHALL CONSTITUTE WARRANTIES OF PIONEER. “PIONEER GROUP” SHALL MEAN PIONEER AND ITS SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, LICENSORS AND OTHER REPRESENTATIVES.
8. EXCLUSION OF REMEDIES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ANY OF PIONEER GROUP OR THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, INCLUDING YOUR USE OF OR INABILITY TO USE THE SOFTWARE OR ANY CLAIM MADE BY A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, DATA OR GOODWILL OR OTHER COMMERCIAL OR ECONOMIC LOSS) REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED, EVEN IF PIONEER HAS OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
9. LIMITATION OF LIABILITY. IN NO EVENT UNDER ANY THEORY OF LIABILITY, EXCLUDING PIONEER’S WILLFUL MISCONDUCT, WILL THE AGGREGATE LIABILITY OF PIONEER GROUP AND THE THIRD PARTY PROVIDERS FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER OR ANY PRODUCT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED TEN US DOLLARS (US$10.00) , OR THE PRICE PAID FOR THE PIONEER PRODUCT PURCHASED FOR USE WITH THE SOFTWARE, WHICHEVER IS GREATER. PIONEER GROUP’S AND THE THIRD PARTY PROVIDERS’ LIMITATION ON LIABILITY IS CUMULATIVE, WITH ALL OF PIONEER GROUP’S AND THIRD PARTY PROVIDERS’ PAYMENTS IN SATISFACTION OF THEIR LIABILITIES BEING AGGREGATED TO DETERMINE SATISFACTION OF THIS LIMIT.
10. YOUR SPECIFIC RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS OR LIMITATIONS, TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MAY NOT APPLY TO YOU. YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.
11. ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE.
12. SUPPORT. PIONEER HAS NO OBLIGATION TO MAINTAIN OR SUPPORT THE SOFTWARE. PIONEER AND ITS SUPPLIERS OR LICENSORS MAY, WITHOUT FURTHER NOTICE TO YOU, PERIODICALLY ACCESS YOUR SOFTWARE REMOTELY TO UPDATE, MODIFY, ADD TO OR UPGRADE THE SOFTWARE. IN RARE INSTANCES, SUCH UPDATES, MODIFICATIONS, ADDITIONS OR UPGRADES MAY CAUSE DATA LOSS OR OTHER ISSUES. YOU ARE SOLELY RESPONSIBLE FOR REGULARLY BACKING UP ANY DATA STORED TO PREVENT THIS FROM OCCURRING.
13. NO RESPONSIBILITY BY APP STORE. Pioneer, and not Apple Inc. or any other app store provider (each, an “App Store”), is solely responsible for the Software under the terms and conditions of this Agreement. Pioneer, not App Store, is responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software, including without limitation intellectual property infringement claims. App Store has no obligation to provide any maintenance or support services with respect to the Software.
14. FORCE MAJEURE. Pioneer will not be liable for failing to perform under this Agreement because of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, fire, an act of terrorism, natural disaster or war.
15. TERMS OF SERVICE. When you use AppRadio Live, you agree to, and you will be subject to, the then-current Terms of Service, which may be found here www.pioneerappradiolive.com/TOS and which form an integral part of this Agreement.
In particular, and without limiting the foregoing, Pioneer will collect, use and/or disclose information regarding you, your smartphone location and your use of AppRadio Live in order to:
provide AppRadio Live to you,
permit you to engage in activities that you initiate through AppRadio Live,
keep you informed about AppRadio Live and other Pioneer Services, and
analyze, operate, support, maintain and improve AppRadio Live.
Pioneer chooses service providers that Pioneer believes provide sufficient guarantees in respect of security. Pioneer secures your personal information through data processing agreements with third parties providing services to Pioneer. Although Pioneer makes every effort to protect your personal information and privacy, Pioneer is unable to guarantee the absolute security of the information.
17. INDEMNIFICATION. You will defend, indemnify and hold each member of Pioneer Group harmless from any damage, loss, cost or expense (including attorneys’ fees and costs, to the maximum extent allowed by laws applicable to you) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Pioneer Group arising from, related to, or connected with your alleged breach of this Agreement. If you are obligated to provide indemnification pursuant to this provision, Pioneer may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without Pioneer’s written consent.
18. THIRD PARTY BENEFICIARIES. You acknowledge and agree that, as applicable, Apple Inc., and Apple Inc.’s subsidiaries are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, as applicable, Apple Inc., and Apple Inc.’s subsidiaries will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as third-party beneficiaries thereof.
19. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to the export control laws and regulations of the United States and any amendments thereof and may include technical data subject to export and re-export restrictions imposed by law. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions or otherwise in violation of the laws and regulations of the United States or of the jurisdiction(s) in which the Software was lawfully obtained. Without limiting the foregoing, you represent and warrant that the Software will not be exported or re-exported into any countries embargoed by the United States or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by Japanese, United States, or European Union law, including without limitation the development, design, manufacture, or production of missiles or nuclear, chemical or biological weapons.
20. GOVERNMENT END-USERS. With respect to government end users in the United States, the Software is “commercial computer software” or “commercial computer software documentation” as those terms are defined in 48 C.F.R. 252.227-7014(a)(1) (2007) and 252.227-7014(a)(5) (2007). The U.S. Government’s rights with respect to AppRadio Live are limited by this Agreement pursuant to FAR §§ 12.212 (Computer Software) (1995) and 12.211 (Technical Data) (1995) and/or DFAR 227.7202-3, as applicable. As such, AppRadio Live is being licensed to the U.S. Government end users: (a) only as “Commercial Items” as that term is defined in FAR 2.101 generally and as incorporated in DFAR 212.102; and (b) with only those limited rights as are granted to the public pursuant to this Agreement. Under no circumstance will the U.S. Government or its end users be granted any greater rights than we grant to other users, as provided for in this Agreement.
21. MISCELLANEOUS. This Agreement will be binding upon and inure to the benefit of Pioneer and you and the respective successors and permitted assigns.
22. SEVERABILITY. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, such determination will not affect the legality, validity or enforceability of any other provision of this Agreement. In the event of nullity, invalidity or unenforceability of one or more provisions of this Agreement, the Parties shall replace that provision with a valid and enforceable provision with an economic effect as close as possible to the deficient provision.
23. NO WAIVER. Any waiver, amendment, supplementation or modification of any provision of this Agreement will be effective only if it is in writing and signed by Pioneer and you. Any waiver of any breach or failure to enforce any provision of this Agreement will not be deemed a future waiver of such term or a waiver of any other provision.
24. GOVERNING LAW. If you are a resident of any EU member state, this Agreement is governed by and will be construed in accordance with Belgian law. If you are a resident of the United States, this Agreement is governed by and will be construed in accordance with the laws of the State of California, U.S.A. If you are resident of any territory outside the United States or the EU, this Agreement is governed by and will be construed in accordance with the laws of Japan.
25. JURISDICTION. The parties will use good faith efforts to resolve amicably any dispute or controversy that may arise out of or in relation to or in connection with this Agreement, or any breach hereof.
In the event no amicable settlement can be reached, if you are a resident of an EU member state, the parties can choose to finally settle all claims arising out of or relating to this Agreement (including its formation, interpretation, applicability, enforceability, performance and breach) and the Software by binding arbitration. If you are a resident of a territory other than an EU member state, all such claims shall be finally settled by binding arbitration as provided herein. If parties agree to settle claims by arbitration, such arbitration shall be conducted under the arbitration rules of the International Chamber of Commerce by three arbitrators designated in accordance with those rules. If you are a resident of an EU member state, then the arbitration shall be held in Brussels, Belgium, in the English language. If you are a resident of the United States, then the arbitration shall be held in Los Angeles County, California. If you are a resident of any other territory, then the arbitration shall be held in Tokyo, Japan. The award of arbitration will be final and binding upon other parties and will have the reasoning therein.
For residents of EU member states, in case the parties do not agree to settle claims through arbitration, the Belgian courts shall have exclusive jurisdiction to settle all claims arising out of or relating to this Agreement (including its formation, interpretation, applicability, enforceability, performance and breach) and the Software.
26. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Pioneer and you with respect to the subject matter of this Agreement. Sections 7 through 21 will survive the termination of this Agreement. The term “including” shall mean “including without limitation.”
27. CONTACT US. If you have any questions or complaints about this End User License Agreement or your Account, you may contact us by visiting http://pioneer.jp/en/product_support/contact/ or by postal mail at one of the following addresses:Pioneer Europe NV