Crestron SIMPL+ Reference Manual page 372

Software
If You are a business or organization, You agree that upon request from Crestron or its authorized agent, You will within thirty
(30) days fully document and certify that use of any and all Software at the time of the request is in conformity with Your valid licenses
from Crestron of its authorized agent.
Without prejudice to any other rights, Crestron may terminate this Agreement immediately upon notice if you fail to comply
with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software and all of its component
parts.
Copyright. All title and copyrights in and to the Software (including, without limitation, any images, photographs, anima-
tions, video, audio, music, text, and "applets" incorporated into the Software), the accompanying media and printed materials, and any
copies of the Software are owned by Crestron or its suppliers. The Software is protected by copyright laws and international treaty pro-
visions. Therefore, you must treat the Software like any other copyrighted material, subject to the provisions of this Agreement.
Submissions. Should you decide to transmit to Crestron's website by any means or by any media any materials or other infor-
mation (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as informa-
tion, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed
non-confidential and you automatically grant Crestron and its assigns a non-exclusive, royalty-tree, worldwide, perpetual, irrevocable
license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.
Trademarks. CRESTRON and the Swirl Logo are registered trademarks of Crestron Electronics, Inc. You shall not remove or
conceal any trademark or proprietary notice of Crestron from the Software including any back-up copy.
This Agreement shall be governed by the laws of the State of New Jersey, without regard to conflicts of laws principles. Any
disputes between the parties to the Agreement shall be brought in the state courts in Bergen County, New Jersey or the federal courts
located in the District of New Jersey. The United Nations Convention on Contracts for the International Sale of Goods, shall not apply
to this Agreement.
CRESTRON warrants that: (a) the Software will perform substantially in accordance with the published specifications for a
period of ninety (90) days from the date of receipt, and (b) that any hardware accompanying the Software will be subject to its own lim-
ited warranty as stated in its accompanying written material. Crestron shall, at its option, repair or replace or refund the license fee for
any Software found defective by Crestron if notified by you within the warranty period. The foregoing remedy shall be your exclusive
remedy for any claim or loss arising from the Software.
CRESTRON shall not be liable to honor warranty terms if the product has been used in any application other than that for
which it was intended, or if it as been subjected to misuse, accidental damage, modification, or improper installation procedures. Fur-
thermore, this warranty does not cover any product that has had the serial number or license code altered, defaced, improperly obtained,
or removed.
Notwithstanding any agreement to maintain or correct errors or defects Crestron, shall have no obligation to service or correct
any error or defect that is not reproducible by Crestron or is deemed in Crestron's reasonable discretion to have resulted from (1) acci-
dent; unusual stress; neglect; misuse; failure of electric power, operation of the Software with other media not meeting or not main-
tained in accordance with the manufacturer's specifications; or causes other than ordinary use; (2) improper installation by anyone other
than Crestron or its authorized agents of the Software that deviates from any operating procedures established by Crestron in the mate-
rial and files provided to You by Crestron or its authorized agent; (3) use of the Software on unauthorized hardware; or (4) modification
of, alteration of, or additions to the Software undertaken by persons other than Crestron or Crestron's authorized agents.
ANY LIABILITY OF CRESTRON FOR A DEFECTIVE COPY OF THE SOFTWARE WILL BE LIMITED EXCLU-
SIVELY TO REPAIR OR REPLACEMENT OF YOUR COPY OF THE SOFTWARE WITH ANOTHER COPY OR REFUND OF
THE INITIAL LICENSE FEE CRESTRON RECEIVED FROM YOU FOR THE DEFECTIVE COPY OF THE PRODUCT. THIS
WARRANTY SHALL BE THE SOLE AND EXCLUSIVE REMEDY TO YOU. IN NO EVENT SHALL CRESTRON BE LIABLE
FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND (PROPERTY OR ECONOMIC
DAMAGES INCLUSIVE), EVEN IF A CRESTRON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR OF ANY CLAIM BY ANY THIRD PARTY. CRESTRON MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE, OR ANY OTHER WARRANTIES, NOR AUTHORIZES ANY OTHER PARTY TO OFFER ANY WARRANTIES,
INCLUDING WARRANTIES OF MERCHANTABILITY FOR THIS PRODUCT. THIS WARRANTY STATEMENT SUPERSEDES
ALL PREVIOUS WARRANTIES.
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362 SIMPL+
PROPRIETARY RIGHTS
GOVERNING LAW
CRESTRON LIMITED WARRANTY
Crestron SIMPL+
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