Software License Agreement - Crestron SW-SIMPL Installation & Operating Manual

Crestron SIMPL™ Windows

Software License Agreement

This License Agreement ("Agreement") is a legal contract between you (either an individual or a single
business entity) and Crestron Electronics, Inc. ("Crestron") for software referenced in this guide, which includes
computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation
(the "Software").
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU REPRESENT THAT
YOU ARE AN AUTHORIZED DEALER OF CRESTRON PRODUCTS OR A CRESTRON AUTHORIZED
INDEPENDENT PROGRAMMER AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE
SOFTWARE.
IF YOU HAVE PAID A FEE FOR THIS LICENSE AND DO NOT ACCEPT THE TERMS OF THIS
AGREEMENT, CRESTRON WILL REFUND THE FEE TO YOU PROVIDED YOU (1) CLICK THE DO NOT
ACCEPT BUTTON, (2) DO NOT INSTALL THE SOFTWARE AND (3) RETURN ALL SOFTWARE, MEDIA
AND OTHER DOCUMENTATION AND MATERIALS PROVIDED WITH THE SOFTWARE TO CRESTRON
AT: CRESTRON ELECTRONICS, INC., 15 VOLVO DRIVE, ROCKLEIGH, NEW JERSEY 07647, WITHIN 30
DAYS OF PAYMENT.
Crestron hereby grants You and You accept a nonexclusive, nontransferable license to use the Software (a) in
machine readable object code together with the related explanatory written materials provided by Creston (b) on a
central processing unit ("CPU") owned or leased or otherwise controlled exclusively by You, and (c) only as authorized
in this Agreement and the related explanatory files and written materials provided by Crestron.
If this software requires payment for a license, you may make one backup copy of the Software, provided
Your backup copy is not installed or used on any CPU. You may not transfer the rights of this Agreement to a backup
copy unless the installed copy of the Software is destroyed or otherwise inoperable and You transfer all rights in the
Software.
You may not transfer the license granted pursuant to this Agreement or assign this Agreement without the
express written consent of Crestron.
If this software requires payment for a license, the total number of CPU's on which all versions of the
Software are installed may not exceed one per license fee (1) and no concurrent, server or network use of the Software
(including any permitted back-up copies) is permitted, including but not limited to using the Software (a) either directly
or through commands, data or instructions from or to another computer (b) for local, campus or wide area network,
internet or web hosting services; or (c) pursuant to any rental, sharing or "service bureau" arrangement.
The Software is designed as a software development and customization tool. As such Crestron cannot and
does not guarantee any results of use of the Software or that the Software will operate error free and You acknowledge
that any development that You perform using the Software or Host Application is done entirely at Your own risk.
The Software is licensed and not sold. Crestron retains ownership of the Software and all copies of the
Software and reserves all rights not expressly granted in writing.
You must be an Authorized Dealer of Crestron products or a Crestron Authorized Independent Programmer
to install or use the Software. If Your status as a Crestron Authorized Dealer or Crestron Authorized Independent
Programmer is terminated, Your license is also terminated.
You may not rent, lease, lend, sublicense, distribute or otherwise transfer or assign any interest in or to the
Software.
You may not reverse engineer, decompile, or disassemble the Software.
You agree that the Software will not be shipped, transferred or exported into any country or used in any
manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations
("Export Laws"). By downloading or installing the Software You (a) are certifying that You are not a national of Cuba,
Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods (b) are
certifying that You are not otherwise prohibited from receiving the Software and (c) You agree to comply with the
Export Laws.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of
the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified
by a writing signed by an authorized officer of Crestron. Updates may be licensed to You by Crestron with additional
or different terms. This is the entire agreement between Crestron and You relating to the Software and it supersedes any
prior representations, discussions, undertakings, communications or advertising relating to the Software. The failure of
either party to enforce any right or take any action in the event of a breach hereunder shall constitute a waiver unless
expressly acknowledged and set forth in writing by the party alleged to have provided such waiver.
Installation & Operations Guide – DOC. 5728C
LICENSE TERMS
OTHER LIMITATIONS
Software
Crestron SIMPL Windows • 217