En
33
Additional
information
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, 1-1 Shin-Ogura,
Saiwai-ku, Kawasaki-shi, Kanagawa, 212-0031 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.
