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Crestron Touch Screens with RoomView Scheduling for Crestron Fusion

User Guide – DOC. 7553C Touch Screens with RoomView Scheduling for Crestron Fusion

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(b) 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 Fusion

Software. In due course, 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) a copy of the Software; and

(b) related explanatory files and written materials.

3.3 Restrictions. You or any third party may not:

(a) sell, lease, lend, rent, or distribute (including through the Internet) the Software;

(b) use the Software for any purpose other than for operating licensed Devices;

engineering, de-compilation, or disassembly of the Software; or

(d) 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.

3.4 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 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 the Crestron Fusion

or 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. PRIVACY POLICY

4.1 Software Registration. Download and/or operation of the Software require You to register by providing certain

information and to accept this AGREEMENT.

4.2 End-User Data Base. Crestron will maintain a database of all registered End-Users including contact information.

4.3 Crestron Privacy Policy. As a condition of downloading and using the Software, You agree to the terms of the Crestron

without notice.

5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

5.1 Warranty Disclaimer.

(a) Crestron specifically disclaims any and all representations and warranties, either express or implied, including

those of MERCHANTABILITY, MECHANTABLE QUALITY, NON-INFRINGEMENT OF THIRD-PARTY

RIGHTS, and FITNESS FOR A PARTICULAR PURPOSE.

(b) Except as otherwise expressly provided herein, the Software is provided on an “as is” basis, without warranty of

any kind. More specifically, Crestron disclaims any warranties that the Software will meet End-User’s

requirements or that the operation of the Software, including any associated software, will be uninterrupted or

error-free.

5.2 Limit of Liability. In no event will Crestron be liable to You for any loss of use, interruption of business, or any direct,

indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of

action whether in contract, tort (including negligence), strict product liability or otherwise, even if Crestron has been

advised of the possibility of such damages.

5.3 Interpretation of Warranty Disclaimer and Liability Limitation. If the disclaimer of warranty and limitation of liability

provided herein cannot be given local legal effect according to their terms, a reviewing court shall apply local law that

most closely approximates an absolute waiver of all civil liability in connection with the Software.

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