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Software License and Warranty Agreement
LICENSE GRANT.
AMX grants to Licensee the non-exclusive right to use the AMX Software in the manner described in this
License. The AMX Software is licensed, not sold. The AMX Software consists of generally available program-
ming and development software, product documentation, sample applications, tools and utilities, and miscella-
neous technical information. Please refer to the README.TXT file on the compact disc or download for further
information regarding the components of the AMX Software. The AMX Software is subject to restrictions on
distribution described in this License Agreement. YOU MAY NOT LICENSE, RENT, OR LEASE THE AMX
SOFTWARE. You may not reverse engineer, decompile, or disassemble the AMX Software.
INTELLECTUAL PROPERTY.
The AMX Software is owned by AMX and is protected by United States copyright laws, patent laws, interna-
tional treaty provisions, and/or state of Texas trade secret laws. Licensee may make copies of the AMX Soft-
ware solely for backup or archival purposes. Licensee may not copy the written materials accompanying the
AMX Software.
TERMINATION. AMX RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE THIS
LICENSE FOR ANY REASON AND UPON WRITTEN NOTICE TO LICENSEE.
In the event that AMX terminates this License, the Licensee shall return or destroy all originals and copies of
the AMX Software to AMX and certify in writing that all originals and copies have been returned or destroyed.
PRE-RELEASE CODE.
Portions of the AMX Software may, from time to time, as identified in the AMX Software, include PRE-
RELEASE CODE and such code may not be at the level of performance, compatibility and functionality of the
final code. The PRE-RELEASE CODE may not operate correctly and may be substantially modified prior to
final release or certain features may not be generally released. AMX is not obligated to make or support any
PRE-RELEASE CODE. ALL PRE-RELEASE CODE IS PROVIDED "AS IS" WITH NO WARRANTIES.
LIMITED WARRANTY.
AMX warrants that the AMX Software will perform substantially in accordance with the accompanying written
materials for a period of ninety (90) days from the date of receipt. AMX DISCLAIMS ALL OTHER WARRAN-
TIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE AMX SOFT-
WARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. Any supplements or updates to
the AMX SOFTWARE, including without limitation, any (if any) service packs or hot fixes provided to you after
the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition,
express, implied or statutory.
LICENSEE REMEDIES.
AMX's entire liability and your exclusive remedy shall be repair or replacement of the AMX Software that does
not meet AMX's Limited Warranty and which is returned to AMX. This Limited Warranty is void if failure of the
AMX Software has resulted from accident, abuse, or misapplication. Any replacement AMX Software will be
warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the
United States, these remedies may not available.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AMX BE LIABLE FOR ANY DAM-
AGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROF-
ITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS AMX SOFTWARE, EVEN IF AMX HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/COUNTRIES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT RESTRICTED RIGHTS. The AMX Software is provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subpara-
graphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as appli-
cable.
This Agreement replaces and supercedes all previous AMX Software License Agreements and is governed by
the laws of the State of Texas, and all disputes will be resolved in the courts in Collin County, Texas, USA.
Should you have any questions concerning this Agreement, or if you desire to contact AMX for any reason,
please write: AMX Corporation, 3000 Research Drive, Richardson, TX 75082.
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