AMX DESIGN XPRESS-PROFESSIONAL V 1.1 - PROGRAMMER GUIDE User Manual download pdf (Page 4)

350-11219-01 v1.0 Linx Matrix Switcher Programmer’s Guide for AMX Controllers 4

RGB

3. License, Distribution.

3.1 License. Subject to the terms of this agreement, including the requirements and restrictions

below, and only for purposes of achieving the distribution described in Exhibit A. RGB

Spectrum grants End User a non-exclusive, non-transferable, worldwide, royalty-free license

to reproduce and distribute the Software Files, in all cases solely for the complete installation

and use of the unmodified Software Files on Personal Computers on the Authorized

Operating Systems and platforms, as defined in Exhibit A.

3.2 Distribution. End User may:

a. Distribute the Software Files on a standalone basis only on physical media (such as CD-

ROMs, DVDs, hard disk, etc.); and

b. Distribute the Software files as a part of or with third party electronic software (i) through

electronic means such as electronic download –including, without limitation, electronic

software download—for example bundled in an installation program, which in turn is

downloaded through the Internet and (ii) on physical media (such as CD-ROMs, DVDs,

hard disk, etc.).

In all cases the Software file is to be distributed in complete form and only for purposes of

complete installation and use by the End User.

3. Technical Support.

RGB Spectrum shall not be obligated to provide any technical support to suppliers, its distributors, or

end users for the Software files.

RGB Spectrum - Technical Support can be contacted via telephone at (510) 814-7000 Option 1 or

4. Limitation of Liability.

IN NO EVENT WILL RGB SPECTRUM OR ITS SUPPLIERS BE LIABLE TO DISTRIBUTOR FOR

ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS AGREEMENT AND/

OR DISTRIBUTOR’S USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY

CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST

SAVINGS, EVEN IF AN RGB SPECTRUM REPRESENTATIVE HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS FOR ANY CLAIM BY ANY

THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT

PERMITTED BY APPLICABLE LAW IN DISTRIBUTOR’S JUSISDICTION. IN ANY EVENT, RGB

SPECTRUM’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN

CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00).

Nothing contained in this agreement limits RGB Spectrum’s or its suppliers’ liability to distributor in

the event of death or personal injury resulting from negligence or for the tort of deceit (fraud). RGB

Spectrum is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting

obligations, warranties and liability as provided in this agreement, but in no other respects and for no

other purpose.

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