Software License and Warranty Agreement
•LICENSE GRANT. AMX grants to Licensee the
•ACKNOWLEDGEMENT. You hereby acknowledge that you are an authorized AMX dealer, distributor, VIP or other AMX autho- rized entity in good standing and have the right to enter into and be bound by the terms of this Agreement.
•INTELLECTUAL PROPERTY. The AMX Software is owned by AMX and is protected by United States copyright laws, patent laws, international treaty provisions, and/or state of Texas trade secret laws. Licensee may make copies of the AMX Software 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 REA- SON 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.
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•LIMITED WARRANTY. AMX warrants that the AMX Software (other than
•LICENSEE REMEDIES. AMX's entire liability and Licensee's exclusive remedy shall be repair or replacement of the AMX Soft- ware that does not meet AMX's Limited Warranty and which is returned to AMX in accordance with AMX's current return policy. This Limited Warranty is void if failure of the AMX Software has resulted from accident, abuse, or misapplication. Any replace- ment 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 DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, 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 LIMITA- TION MAY NOT APPLY TO LICENSEE.
•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 ©(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS
•SOFTWARE AND OTHER MATERIALS FROM AMX.COM MAY BE SUBJECT TO EXPORT CONTROL. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other coun- try to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. AMX does not authorize the downloading or exporting of any software or technical data from this site to any jurisdiction prohibited by the United States Export Laws.
This Agreement replaces and supersedes 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. For any questions concerning this Agreement, or to contact AMX for any reason, please write: AMX License and Warranty Department, 3000 Research Drive, Richardson, TX 75082.