EXTRON® ELECTRONICS END USER LICENSE AGREEMENT

Carefully read the following agreement. This End User License Agreement is a legal agreement between the End user and Extron.

THE END USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF THE END USER DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

Note: If the End User does not own the product for which this Software is intended, the End User is not authorized to install, copy, or otherwise use the software.

DEFINITIONS

Throughout this entire Agreement:
"Extron" shall indicate RGB Systems, Inc., DBA Extron® Electronics.
"Software" shall indicate the programs and documentation that were provided with this agreement or made available from Extron's Web site.
"End User" shall indicate the individual person or a single legal entity that acquires, installs, uses or intends to use this Software.

TERMS OF LICENSE

Under the terms of this Agreement, Extron grants the End User a limited license to use this Software for the purposes outlined therein. Extron retains ownership of the software and reserves all rights unless otherwise noted in this Agreement. This Software is not for resale and may not be repackaged, transferred or redistributed to any third party without the expressed written consent of Extron.

Provided the End User complies with all terms and conditions of this Agreement, this Agreement grants the End User the following rights:

Installation and use – The End User may install and use a copy of the Software in accordance with this Agreement.

License Grant for Templates and Collateral Media – The Software may include document and application templates as well as collateral media (images, clip-art, drawings, sound files, etc.). The End User may copy and modify these materials for the End User's own personal or professional use.

License Grant for Documentation – The documentation that accompanies this Software is licensed for internal, non-commercial reference purposes only.

Furthermore, the End User agrees not to modify or disassemble the Software, in whole or in part, except as expressly provided for in this Agreement or upon Extron's prior written approval.

NO WARRANTY

THIS SOFTWARE IS PROVIDED "AS IS" AND IS NOT WARRANTED IN ANY WAY. EXTRON DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE END USER'S REQUIREMENTS OR THAT THE SOFTWARE WILL OPERATE FREE OF ERRORS. EXTRON DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE INCLUDING, BUT NOT LIMITED TO: ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR ANY WARRANTY WITH REGARD TO ANY CLAIM OF INFRINGEMENT THAT MAY BE PROVIDED IN THE UNIFORM COMMERCIAL CODE AND/OR ANY OTHER COMPARABLE STATE STATUTE.

COPYRIGHT

Extron reserves all rights not expressly granted to the End User in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. Extron owns the title, copyright and other intellectual property rights to this Software unless otherwise noted. This software is licensed, not sold. This Agreement does not grant the End User any rights to trademarks or service marks belonging to Extron.

LIMITATION OF LIABILITY

EXTRON WILL NOT BE LIABLE, AND THE END USER WILL HAVE NO REMEDY FOR DAMAGES FOR ANY CLAIM, CONCERNING THE USE OF THE SOFTWARE. UNDER NO CIRCUMSTANCES WILL EXTRON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO: COMPENSATION, REIMBURSEMENT, OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA, CONFIDENTIAL OR OTHER INFORMATION, OR FOR ANY OTHER REASON WHATSOEVER.

MISCELLANEOUS

The End User agrees that Extron may collect and use technical information gathered as part of the product support services provided to the End User, if any, related to the Software. Extron may use this information solely to improve our products or to provide customized services or technologies to the End User and will not disclose this information in a form that personally identifies the End User.

This Agreement applies to updates, supplements, and add-on components of the Software that Extron may provide to the End User or make available to the End User after the date the End User obtains his or her initial copy of the Software, unless they are accompanied by separate terms.

Without prejudice or other rights, Extron may terminate this Agreement if the End User fails to comply with the terms and conditions of this Agreement. In such event, the End User must destroy all copies of the Software and all of its component parts.

If this software was obtained in the United States, this Agreement is governed by the laws of the State of California. Software obtained outside of the United States is subject to local law.

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