Crestron Isys
®
TPS-4000
10.4 Inch Tilt Touchpanel
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.
PROPRIETARY RIGHTS
Copyright. All title and copyrights in and to the Software (including, without limitation, any images, photographs,
animations, 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 provisions. 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
information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as
information, 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.
GOVERNING LAW
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 LIMITED WARRANTY
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
limited 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.
Furthermore, 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) accident; unusual stress; neglect; misuse; failure of electric power, operation of the Software with other media not meeting or not
maintained 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 material 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
EXCLUSIVELY 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.
Operations Guide - DOC. 6268
10.4 Inch Tilt Touchpanel: Crestron Isys
®
TPS-4000
•
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