Software License and Warranty Agreement
LICENSE GRANT.
AMX grants to Licensee the
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 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
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 WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE AMX SOFTWARE. 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 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 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
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,
