Software
Crestron
SIMPL
™
Windows
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.
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Installation & Operations Guide – DOC. 5728C
