DOCUMENTATION, WHETHER EXPRESS, IMPLIED, STATUTORY, 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. 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, 6F, Yokohama i-Mark Place, 4-4-5 Minatomirai, Nishi-ku, Yokohama, Kanagawa 220-0012 Japan. 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. 2 The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice Your statutory rights as consumer and shall apply to You only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located. 4 En 3 Severability and Waiver. If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, that provision will be enforced to the extent possible or, if incapable of enforcement, deemed to be severed and deleted from this Agreement, and the remainder will continue in full force and effect. The waiver by either party of any default or breach of this Agreement will not waive any other or subsequent default or breach. 4 No Assignment. You may not assign, sell, transfer, delegate or otherwise dispose of this Agreement or any rights or obligations under it, whether voluntarily or involuntarily, by operation of law or otherwise, without Pioneer DJ’s prior written consent. Any purported assignment, transfer or delegation by You will be null and void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns. 5 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, whether written or oral, concerning its subject matter. This Agreement may not be modified or amended without Pioneer DJ’s prior and express written consent, and no other act, document, usage or custom will be deemed to amend or modify this Agreement. 6 You agree that this Agreement shall be governed and construed by and under the laws of Japan. Cautions on Installation ! Before installing the driver software, be sure to turn off the power of this unit and disconnect the USB cable from both this unit and your computer. ! If you connect this unit to your computer without installing the driver software first, an error may occur on your computer depending on the system environment. ! If you have discontinued the installation process in progress, step through the installation process again from the beginning according to the following procedure. ! Read Software end user license agreement carefully before installing this unit’s proprietary driver software. ! Before installing the driver software, terminate all other programs running on your computer. ! The driver software is compatible with the following OSs. Supported operating systems macOS Sierra 10.12 (latest update) OS X: 10.11, 10.10, 10.9 (latest update) Windows® 10 (latest service pack) Windows® 8.1 (latest service pack) Windows Pro® 8.1 (latest service pack) Windows® 7 Home Premium/Professional/Ultimate (latest service pack) 1 32-bit version 1 64-bit version 1 32-bit version 1 64-bit version 1 32-bit version 1 64-bit version 1 32-bit version 1 64-bit version 1 Checking the latest information on the driver software For the latest information on this unit’s dedicated driver software, see the Pioneer DJ site below. pioneerdj.com/support/ Obtaining the driver software 1 Launch a web browser on the computer and access the Pioneer DJ site below. pioneerdj.com/support/ 2 Click the [FIND SOFTWARE & FIRMWARE UPDATES] icon. 3 Click the [DJM-S3] icon in the [DJ MIXER] category.
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