Installing the software Installing the driver software This driver software is a proprietary program for inputting and outputting audio signals from the computer. To use this unit connected to a computer on which a Windows or Mac OS is installed, install the driver software on the computer beforehand. OR ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE OR NON-INFRINGEMENT. 4 EXPORT CONTROL AND COMPLIANCE WITH LAWS AND 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 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. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Program, 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 Program for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. Software end user license agreement This Software End User License Agreement (“Agreement”) is between you (both the individual installing the Program and any single legal entity for which the individual is acting) (“You” or “Your”) and Pioneer DJ Corporation (“Pioneer DJ”). TAKING ANY STEP TO SET UP OR INSTALL THE PROGRAM MEANS THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. PERMISSION TO DOWNLOAD AND/OR USE THE PROGRAM IS EXPRESSLY CONDITIONED ON YOUR FOLLOWING THESE TERMS. WRITTEN OR ELECTRONIC APPROVAL IS NOT REQUIRED TO MAKE THIS AGREEMENT VALID AND ENFORCEABLE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE PROGRAM AND MUST STOP INSTALLING IT OR UNINSTALL IT, AS APPLICABLE. 5 U.S. GOVERNMENT RESTRICTED RIGHTS The Program and Documentations are “commercial computer software” and “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 the Program and Documentations are limited by this license 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: (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 granted to the public pursuant to this license. 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 license. Manufacturer is Pioneer DJ Corporation, 1-1 Shin-Ogura, Saiwai-ku, Kawasaki-shi, Kanagawa, 212-0031 Japan 1 DEFINITIONS 1 “Documentation” means written documentation, specifications and help content made generally available by Pioneer DJ to aid in installing and using the Program. 2 “Program” means all or any part of Pioneer DJ’s software licensed to You by Pioneer DJ under this Agreement. 2 PROGRAM LICENSE 1 Limited License. Subject to this Agreement’s restrictions, Pioneer DJ grants to You a limited, non-exclusive, non-transferable, license (without the right to sublicense): a To install a single copy of the Program in Your computer or mobile device, to use the Program only for Your personal purpose complying with this Agreement and the Documentation (“Authorized Use”); b To use the Documentation in support of Your Authorized Use; and c To make one copy of the Program solely for backup purposes, provided that all titles and trademark, copyright and restricted rights notices are reproduced on the copy. 2 Restrictions. You will not copy or use the Program or Documentation except as expressly permitted by this Agreement. You will not transfer, sublicense, rent, lease or lend the Program, or use it for third-party training, commercial time-sharing or service bureau use. You will not Yourself or through any third party modify, reverse engineer, disassemble or decompile the Program, except to the extent expressly permitted by applicable law, and then only after You have notified Pioneer DJ in writing of Your intended activities. 3 Ownership. Pioneer DJ or its licensor retains all right, title and interest in and to all patent, copyright, trademark, trade secret and other intellectual property rights in the Program and Documentation, and any derivative works thereof. You do not acquire any other rights, express or implied, beyond the limited license set forth in this Agreement. 4 No Support. Pioneer DJ has no obligation to provide support, maintenance, upgrades, modifications or new releases for the Program or Documentation under this Agreement. 6 DAMAGES AND REMEDIES FOR BREACH You agree that any breach of this Agreement’s restrictions would cause Pioneer DJ irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which Pioneer DJ may be entitled, You agree that Pioneer DJ may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement. 7 TERMINATION Pioneer DJ may terminate this Agreement at any time upon Your breach of any provision. If this Agreement is terminated, You will stop using the Program, permanently delete it from your computer or mobile device where it resides, and destroy all copies of the Program and Documentation in Your possession, confirming to Pioneer DJ in 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. 8 GENERAL TERMS 1 Limitation of Liability. In no event will Pioneer DJ or its subsidiaries be liable in connection with this Agreement or its subject matter, under any theory of liability, for any indirect, incidental, special, consequential or punitive damages, or damages for lost profits, revenue, business, savings, data, use, or cost of substitute procurement, even if advised of the possibility of such damages or if such damages are foreseeable. In no event will Pioneer DJ’s liability for all damages exceed the amounts actually paid by You to Pioneer DJ or its subsidiaries for the Program. The parties acknowledge that the liability limits and risk allocation in this Agreement are reflected in the Program price and are essential elements of the bargain between the parties, without which Pioneer DJ would not have provided the Program or entered into this Agreement. 3 WARRANTY DISCLAIMER THE PROGRAM AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, AND YOU AGREE TO USE THEM AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PIONEER DJ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PROGRAM AND DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY, 4 En
Download PDF file