Pioneer SEP-C1: ABOUT DJS SOFTWARE SOFTWARE END USER LICENSE AGREEMENT

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ABOUT DJS SOFTWARE

ABOUT DJS SOFTWARE

Pioneer DJS is a software program that allows the use of MP3 files to control DJ play from a computer. Load the program into your

computer from the supplied CD-ROM disc.

English

MEMO

• DJS is not equipped with functions for recording DJ play.

3 WARRANTY DISCLAIMER

SOFTWARE END USER LICENSE

THE PROGRAM AND DOCUMENTATION ARE PROVIDED “AS

IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES,

AGREEMENT

AND YOU AGREE TO USE THEM AT YOUR SOLE RISK. TO THE

This Software End User License Agreement (“Agreement”) is

FULLEST EXTENT PERMISSIBLE BY LAW, PIONEER

between you (both the individual installing the Program and any

EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND

single legal entity for which the individual is acting) (“You” or

WITH RESPECT TO THE PROGRAM AND DOCUMENTATION,

“Your”) and PIONEER CORPORATION (“Pioneer”).

WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING

TAKING ANY STEP TO SET UP OR INSTALL THE PROGRAM

OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING

MEANS THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE

OR USAGE OF TRADE, INCLUDING ANY WARRANTIES OF

AGREEMENT. PERMISSION TO DOWNLOAD AND/OR USE THE

MERCHANTABILITY, FITNESS FOR A PARTICULAR

PROGRAM IS EXPRESSLY CONDITIONED ON YOUR FOLLOWING

PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE OR

THESE TERMS. WRITTEN OR ELECTRONIC APPROVAL IS NOT

NON-INFRINGEMENT.

REQUIRED TO MAKE THIS AGREEMENT VALID AND

4 DAMAGES AND REMEDIES FOR BREACH

ENFORCEABLE. IF YOU DO NOT AGREE TO ALL OF THE TERMS

You agree that any breach of this Agreement’s restrictions

OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE

would cause Pioneer irreparable harm for which money

PROGRAM AND MUST STOP INSTALLING IT OR UNINSTALL IT,

damages alone would be inadequate. In addition to damages

AS APPLICABLE.

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

1 DEFINITIONS

agree that Pioneer may seek injunctive relief to prevent the

1.1 “Documentation” means written documentation,

actual, threatened or continued breach of this Agreement.

specifications and help content made generally available

5 TERMINATION

by Pioneer to aid in installing and using the Program.

Pioneer may terminate this Agreement at any time upon Your

1.2 “Program” means all or any part of Pioneer’s software

breach of any provision. If this Agreement is terminated, You

licensed to You by Pioneer under this Agreement.

will stop using the Program, permanently delete it from the

2 PROGRAM LICENSE

computer where it resides, and destroy all copies of the

2.1 Limited License. Subject to this Agreement’s restrictions,

Program and Documentation in Your possession, confirming

Pioneer grants to You a limited, non-exclusive, non-

to Pioneer in writing that You have done so. Sections 2.2, 2.3,

transferable, license (without the right to sublicense):

2.4, 3, 4, 5 and 6 will continue in effect after this Agreement’s

termination.

(a) To install a single copy of the Program on the hard

disk drive of Your computer, to use the Program only

6 GENERAL TERMS

for Your personal purpose complying with this

6.1 Limitation of Liability. In no event will Pioneer or its

Agreement and the Documentation (“Authorized

subsidiaries be liable in connection with this Agreement

Use”);

or its subject matter, under any theory of liability, for any

indirect, incidental, special, consequential or punitive

(b) To use the Documentation in support of Your

damages, or damages for lost profits, revenue, business,

Authorized Use; and

savings, data, use, or cost of substitute procurement,

(c) To make one copy of the Program solely for backup

even if advised of the possibility of such damages or if

purposes, provided that all titles and trademark,

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

copyright and restricted rights notices are reproduced

liability for all damages exceed the amounts actually paid

on the copy.

by You to Pioneer or its subsidiaries for the Program. The

2.2 Restrictions. You will not copy or use the Program or

parties acknowledge that the liability limits and risk

Documentation except as expressly permitted by this

allocation in this Agreement are reflected in the Program

Agreement. You will not transfer, sublicense, rent, lease

price and are essential elements of the bargain between

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

the parties, without which Pioneer would not have

commercial time-sharing or service bureau use. You will

provided the Program or entered into this Agreement.

not Yourself or through any third party modify, reverse

6.2 The limitations or exclusions of warranties and liability

engineer, disassemble or decompile the Program, except

contained in this Agreement do not affect or prejudice

to the extent expressly permitted by applicable law, and

Your statutory rights as consumer and shall apply to You

then only after You have notified Pioneer in writing of Your

only to the extent such limitations or exclusions are

intended activities. You will not use the Program on

permitted under the laws of the jurisdiction where You are

multiple processors without Pioneer’s prior written

located.

consent.

6.3 Severability and Waiver. If any provision of this Agreement

2.3 Ownership. Pioneer or its licensor retains all right, title

is held to be illegal, invalid or otherwise unenforceable,

and interest in and to all patent, copyright, trademark,

that provision will be enforced to the extent possible or, if

trade secret and other intellectual property rights in the

incapable of enforcement, deemed to be severed and

Program and Documentation, and any derivative works

deleted from this Agreement, and the remainder will

thereof. You do not acquire any other rights, express or

continue in full force and effect. The waiver by either party

implied, beyond the limited license set forth in this

of any default or breach of this Agreement will not waive

Agreement.

any other or subsequent default or breach.

2.4 No Support. Pioneer has no obligation to provide support,

maintenance, upgrades, modifications or new releases

for the Program or Documentation under this Agreement.

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