Before you start 2 PROGRAM LICENSE 1 Limited License. Subject to this Agreement’s restrictions, Pioneer DJ grants to You a limited, non-exclusive, non-transfer- able, 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 pur- pose 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 pur- poses, 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. 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, 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 war- rant 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 injunc- tive 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 con- tinue in effect after this Agreement’s termination. 8 GENERAL TERMS 1 Limitation of Liability. In no event will Pioneer DJ or its subsidiar- ies 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 substi- tute procurement, even if advised of the possibility of such dam- ages 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 limita- tions or exclusions are permitted under the laws of the jurisdic- tion where You are located. 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 enforce- ment, 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 respec- tive successors and assigns. 5 Entire Agreement. This Agreement constitutes the entire agree- ment between the parties and supersedes all prior or contempo- raneous agreements or representations, whether written or oral, concerning its subject matter. This Agreement may not be modi- fied 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. Checking the latest information on the driver software For the latest information on the driver software, see the Pioneer DJ support site below. pioneerdj.com/support/ En 5
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