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6 Exclusions subject to law:
Nothing in this License Agreement will operate, or is intended to oper-
ate, to limit or exclude any liability or obligation of Serato to the extent
that such liability or obligation cannot be limited or excluded under
applicable law.
7 Updates:
Where you operate the feature of the Software that checks for updates,
you agree that:
a the terms of this License Agreement will also apply to the
updates and/or the Software as modified by the updates; and
b the feature may send information, including information about
the configuration of the Software, to Serato’s servers, and Serato
may collect and use that information for its business purposes.
The Serato Websites Privacy Policy (located at http://serato.com/legal/
website-privacy-policy and subject to revision by Serato from time to
time) will apply to your use of the feature of the Software that checks for
updates.
8 Governing law:
This License Agreement will take effect as a contract made under, and
be governed by, New Zealand law. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply to this
License Agreement or the Software. You submit to the non-exclusive
jurisdiction of the New Zealand courts.
9 License for bundled digital media files:
Where digital media files are provided with the Software (“Bundled
Media”), you may use them only within the Software through its normal
operation. Serato does not warrant that it holds and does not grant any
license or rights whatsoever in relation to the Bundled Media or any of
the copyright works embodied in them. In particular and without limita-
tion, you are responsible for any and all applicable ASCAP, BMI, SESAC
and other similar license fees arising from your public performance,
broadcast, or other communication of or reproduction of or other deal-
ing with any of the Bundled Media in your territory.
Should you have any questions concerning this License Agreement, or
if you desire to contact Serato for any reason, please write to: Serato Inc
LP, Private Bag 92015, AMSC, Auckland 1142, New Zealand or email
Serato at eula@serato.com
About the driver software (Windows)
This driver software is an exclusive ASIO driver for outputting audio
signals from the computer.
! There is no need to install the driver software when using Mac OS X.
Checking the latest information on the driver software
For the latest information on the driver software for exclusive use with
this unit, visit our website shown below.
http://www.prodjnet.com/support/
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
CORPORATION (“Pioneer”).
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.
1 Definitions
1 “Documentation” means written documentation, specifications
and help content made generally available by Pioneer to aid in
installing and using the Program.
2 “Program” means all or any part of Pioneer’s software licensed to
You by Pioneer under this Agreement.
2 Program license
1 Limited License. Subject to this Agreement’s restrictions,
Pioneer grants to You a limited, non-exclusive, nontransferable,
license (without the right to sublicense):
a To install a single copy of the Program on the hard disk
drive of Your computer, 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 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 in writing of
Your intended activities. You will not use the Program on multiple
processors without Pioneer’s prior written consent.
3 Ownership. Pioneer 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 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 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 Damages and remedies for breach
You agree that any breach of this Agreement’s restrictions would cause
Pioneer irreparable harm for which money damages alone would be
inadequate. In addition to damages and any other remedies to which
Pioneer may be entitled, You agree that Pioneer may seek injunctive
relief to prevent the actual, threatened or continued breach of this
Agreement.
5 Termination
Pioneer 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 the computer where it resides, and
destroy all copies of the Program and Documentation in Your posses-
sion, confirming to Pioneer in writing that You have done so. Sections
2.2, 2.3, 2.4, 3, 4, 5 and 6 will continue in effect after this Agreement’s
termination.
6 General terms
1 Limitation of Liability. In no event will Pioneer 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 pro-
curement, even if advised of the possibility of such damages or if
such damages are foreseeable. In no event will Pioneer’s liability
for all damages exceed the amounts actually paid by You to
Pioneer or its subsidiaries for the Program. The parties acknowl-
edge 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 would
not have provided the Program or entered into this Agreement.