User manual CRESTON ROOMVIEW SOFTWARE LICENSE AGREEMENT

[. . . ] By clicking the "I Agree" checkbox, below, or by installing, copying, or otherwise using the Software, which includes the media on which You received it, if any, You represent that You are an authorized End-User of a Device obtained in the normal course of business from a Manufacturer, or a Manufacturer's authorized representative or dealer, who is licensed by Crestron. By clicking the "I Agree" checkbox, below, or by installing, copying, or otherwise using the Software, which includes the media on which You received it, if any, You also agree to the License Terms and Conditions listed below. If You do not accept the terms of this AGREEMENT: (i) Click the "Do Not Accept" button; (ii) DO NOT install the software; and (iii) Return all software, media, and other documentation and materials associated with the Software to Crestron. B. C. D. LICENSE TERMS AND CONDITIONS 1. DEFINITIONS As used in this AGREEMENT, Capitalized terms not defined above shall have the following definitions: 1. 1 1. 2 1. 3 "Add-On Software" means any Crestron Software or Software components that function or execute with one or more Third-Party Programs. [. . . ] (a) 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. (b) 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. 2. 4 2. 5 2. 6 Trademarks. Crestron RoomView® 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. 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 in the form of information, feedback, data, questions, comments, suggestions or the like; (a) (b) You agree such submissions are unrestricted and shall be deemed nonconfidential; and You automatically grant Crestron and its assigns a non-exclusive, royaltyfree, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same. 2. 7 3 of 7 2010 06 17 RoomView End-User SW License (v1. 0) (17 June 2010) 2. 8 Reservations. All rights not expressly granted in this AGREEMENT are reserved by Crestron. No additional rights whatsoever (including, without limitation, any implied licenses) are granted by implication, estoppel, or otherwise. 3. 3. 1 LIMITATIONS AND OBLIGATIONS Authorized Parties. (a) You must be an End-User of a Device obtained in the normal course of business from a Manufacturer, or a Manufacturer's authorized representative or dealer, who is licensed by Crestron to implement the "Crestron RoomView® Network Communication Protocols" in order to install or use the Software. (a) If You are a business or organization, You agree that upon request from Crestron or its authorized agent, You will within thirty (30) days of the request fully document and certify that use of any and all Software at the time of the request is in conformity with Your valid license(s) from Crestron. 3. 2 Delivery of Crestron RoomView® Software. As soon as practicable, after You have accepted this AGREEMENT, Crestron will deliver to You, in the form of an Internet file download, CD-ROM, or through other appropriate means: (a) (b) a copy of the Software; and related explanatory files and written materials. You or any third party may not: (a) (b) (c) sell, lease, lend, rent, or distribute (including through the Internet) the Software; use the Software for any purpose other than for operating licensed Devices; attempt to discover any underlying ideas or algorithms used by Crestron to Develop the Software through reverse engineering, de-compilation, or disassembly of the Software; or remove, alter, or obscure any product identification, copyright, trademark, or other intellectual property notices embedded within the Software or included in any related explanatory files and written materials provided by Crestron. 3. 3 (d) 3. 4 Support Services. Crestron may, but is not required to, provide You with limited commercially reasonable Support Services to support Your use of the Software. (a) Crestron shall only provide the Development Support Services when available and competent personnel of Crestron are available to provide such support. In 4 of 7 2010 06 17 RoomView End-User SW License (v1. 0) (17 June 2010) any event, Crestron undertakes to reply to Your e-mails and telephone calls within a reasonable time. (b) Crestron's Support Services may only be availed of for problems and issues arising from the Software and/or from the use thereof, and shall not include problems and issues not related to either the Crestron RoomView® Express or Crestron RoomView® Server Edition software products. 3. 5 Automatic Software Updates. The Software may communicate with Crestron servers from time to time to check for available updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the Software, You agree to automatically request and receive Updates. All such updates to the Software are subject to the terms of this AGREEMENT. 4. [. . . ] This AGREEMENT shall be governed by the laws of the State of New Jersey, without regard to conflicts of laws principles. (a) Any disputes between the parties to the AGREEMENT shall be brought in the state courts in Bergen County, New Jersey or the U. S. 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. (b) 6. 2 Compliance with Laws. [. . . ]