Pioneer DJM-900SRT: Installing the software

Installing the software

5 U.S. GOVERNMENT RESTRICTED RIGHTS

Installing the driver software

The Program and Documentations are “commercial computer software” and “com-

This driver software is a proprietary program for inputting and outputting audio

mercial computer software documentation” as those terms are defined in 48 C.F.R.

signals from the computer. To use this unit connected to a computer on which

§252.227-7014 (a) (1) (2007) and 252.227-7014 (a) (5) (2007). The U.S. Government’s

a Windows or Mac OS is installed, install the driver software on the computer

rights with respect to the Program and Documentations are limited by this license

beforehand.

pursuant to 48 C.F.R. § 12.212 (Computer software) (1995) and 48 C.F.R. §12.211

(Technical data) (1995) and/or 48 C.F.R. §227.7202-3, as applicable. As such, the

Program and Documentations are being licensed to the U.S. Government end users:

Software end user license agreement

(a) only as “commercial items” as that term is defined in 48 C.F.R. §2.101 generally

and as incorporated in DFAR 212.102; and (b) with only those limited rights as are

This Software End User License Agreement (“Agreement”) is between you (both the

granted to the public pursuant to this license. Under no circumstance will the U.S.

individual installing the Program and any single legal entity for which the individual

Government or its end users be granted any greater rights than we grant to other

is acting) (“You” or “Your”) and PIONEER CORPORATION (“Pioneer”).

users, as provided for in this license. Manufacturer is Pioneer Corporation, 1-1 Shin-

TAKING ANY STEP TO SET UP OR INSTALL THE PROGRAM MEANS THAT YOU

Ogura, Saiwai-ku, Kawasaki-shi, Kanagawa-Ken, 212-0031 Japan

ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. PERMISSION TO

DOWNLOAD AND/OR USE THE PROGRAM IS EXPRESSLY CONDITIONED ON

6 DAMAGES AND REMEDIES FOR BREACH

YOUR FOLLOWING THESE TERMS. WRITTEN OR ELECTRONIC APPROVAL IS

You agree that any breach of this Agreement’s restrictions would cause Pioneer

NOT REQUIRED TO MAKE THIS AGREEMENT VALID AND ENFORCEABLE. IF

irreparable harm for which money damages alone would be inadequate. In addition

YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE

to damages and any other remedies to which Pioneer may be entitled, You agree

NOT AUTHORIZED TO USE THE PROGRAM AND MUST STOP INSTALLING IT OR

that Pioneer may seek injunctive relief to prevent the actual, threatened or contin-

UNINSTALL IT, AS APPLICABLE.

ued breach of this Agreement.

1 DEFINITIONS

7 TERMINATION

1 “Documentation” means written documentation, specifications and help

Pioneer may terminate this Agreement at any time upon Your breach of any provi-

content made generally available by Pioneer to aid in installing and using the

sion. If this Agreement is terminated, You will stop using the Program, permanently

Program.

delete it from your computer or mobile device where it resides, and destroy all cop-

2 “Program” means all or any part of Pioneer’s software licensed to You by

ies of the Program and Documentation in Your possession, confirming to Pioneer in

Pioneer under this Agreement.

writing that You have done so. Sections 2.2, 2.3, 2.4, 3, 4, 5, 6, 7 and 8 will continue in

effect after this Agreement’s termination.

2 PROGRAM LICENSE

1 Limited License. Subject to this Agreement’s restrictions, Pioneer grants to

8 GENERAL TERMS

You a limited, non-exclusive, non-transferable, license (without the right to

1 Limitation of Liability. In no event will Pioneer or its subsidiaries be liable

sublicense):

in connection with this Agreement or its subject matter, under any theory

a To install a single copy of the Program in Your computer or mobile

of liability, for any indirect, incidental, special, consequential or punitive

device, to use the Program only for Your personal purpose complying

damages, or damages for lost profits, revenue, business, savings, data, use,

with this Agreement and the Documentation (“Authorized Use”);

or cost of substitute procurement, even if advised of the possibility of such

b To use the Documentation in support of Your Authorized Use; and

damages or if such damages are foreseeable. In no event will Pioneer’s

c To make one copy of the Program solely for backup purposes, provided

liability for all damages exceed the amounts actually paid by You to Pioneer

that all titles and trademark, copyright and restricted rights notices are

or its subsidiaries for the Program. The parties acknowledge that the liability

reproduced on the copy.

limits and risk allocation in this Agreement are reflected in the Program

2 Restrictions. You will not copy or use the Program or Documentation except

price and are essential elements of the bargain between the parties, without

as expressly permitted by this Agreement. You will not transfer, sublicense,

which Pioneer would not have provided the Program or entered into this

rent, lease or lend the Program, or use it for third-party training, commercial

Agreement.

time-sharing or service bureau use. You will not Yourself or through any third

2 The limitations or exclusions of warranties and liability contained in this

party modify, reverse engineer, disassemble or decompile the Program,

Agreement do not affect or prejudice Your statutory rights as consumer and

except to the extent expressly permitted by applicable law, and then only

shall apply to You only to the extent such limitations or exclusions are permit-

after You have notified Pioneer in writing of Your intended activities.

ted under the laws of the jurisdiction where You are located.

3 Ownership. Pioneer or its licensor retains all right, title and interest in and to

3 Severability and Waiver. If any provision of this Agreement is held to be

all patent, copyright, trademark, trade secret and other intellectual property

illegal, invalid or otherwise unenforceable, that provision will be enforced to

rights in the Program and Documentation, and any derivative works thereof.

the extent possible or, if incapable of enforcement, deemed to be severed

You do not acquire any other rights, express or implied, beyond the limited

and deleted from this Agreement, and the remainder will continue in full

license set forth in this Agreement.

force and effect. The waiver by either party of any default or breach of this

4 No Support. Pioneer has no obligation to provide support, maintenance,

Agreement will not waive any other or subsequent default or breach.

upgrades, modifications or new releases for the Program or Documentation

4 No Assignment. You may not assign, sell, transfer, delegate or otherwise

under this Agreement.

dispose of this Agreement or any rights or obligations under it, whether vol-

untarily or involuntarily, by operation of law or otherwise, without Pioneer’s

3 WARRANTY DISCLAIMER

prior written consent. Any purported assignment, transfer or delegation by

THE PROGRAM AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT ANY

You will be null and void. Subject to the foregoing, this Agreement will be

REPRESENTATIONS OR WARRANTIES, AND YOU AGREE TO USE THEM AT

binding upon and will inure to the benefit of the parties and their respective

YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PIONEER

successors and assigns.

EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE

5 Entire Agreement. This Agreement constitutes the entire agreement between

PROGRAM AND DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY,

the parties and supersedes all prior or contemporaneous agreements or

OR ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR

representations, whether written or oral, concerning its subject matter. This

USAGE OF TRADE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY,

Agreement may not be modified or amended without Pioneer’s prior and

FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY,

express written consent, and no other act, document, usage or custom will

TITLE OR NON-INFRINGEMENT.

be deemed to amend or modify this Agreement.

6 You agree that this Agreement shall be governed and construed by and

4 EXPORT CONTROL AND COMPLIANCE WITH LAWS AND

under the laws of Japan.

REGULATIONS

You may not use or otherwise export or re-export the Program except as authorized

by United States law and the laws of the jurisdiction in which the Program was

Cautions on Installation

obtained. In particular, but without limitation, the Program may not be exported

or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S.

 Before installing the driver software, be sure to turn off the power of this unit and

Treasury Department's Specially Designated Nationals List or the U.S. Department

disconnect the USB cable from both this unit and your computer.

of Commerce Denied Persons List or Entity List. By using the Program, you repre-

 If you connect this unit to your computer without installing the driver soft-

sent and warrant that you are not located in any such country or on any such list.

ware first, an error may occur on your computer depending on the system

You also agree that you will not use the Program for any purposes prohibited by

environment.

United States law, including, without limitation, the development, design, manufac-

 If you have discontinued the installation process in progress, step through

ture, or production of nuclear, missile, or chemical or biological weapons.

the installation process again from the beginning according to the following

procedure.

6

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