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myRoomT License AgreementLutron®
369989a 1 05.03.16
BY INSTALLING, COPYING OR USING THE LUTRON
MYROOMT SYSTEM SOFTWARE YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS OF
THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE
TO BE BOUND, DO NOT USE THIS SOFTWARE. This
Software End User License Agreement (“License
Agreement”) is a legal agreement between you, as the
end user (“End User”), and Lutron Electronics Co., Inc.
(“Lutron”) for the Lutron myRoomT System Software
supplied with myRoomT lighting control systems,
which includes computer software and may include
associated media and documentation (including, e.g.,
print materials and on-line or electronic
documentation) (collectively, the “Software”). This
License Agreement is intended for the use of
Authorized End Users only. Authorized End Users are
limited to Lutron Representatives, Lutron Authorized
Dealers and other users who have received
permission by Lutron to use the Software.
GRANT OF LICENSE
Lutron grants to the End User a limited, nonexclusive,
revocable license to use the Software subject to the
terms and conditions herein.
LICENSE RESTRICTIONS
The End User may transfer all of its rights under this
License Agreement, along with the Software and the
server, if any, on which the Software is installed to the
purchaser of the real estate to which the lighting
control system is affixed, provided that the other party
agrees to be bound by the terms and conditions of
this License Agreement. Transfer of such rights
automatically terminates the license of the transferor.
The End User may not sublicense, sell, rent or lease
the Software to others, or otherwise transfer or assign
the right to use the Software, except as stated in this
paragraph. The End User may not decompile,
disassemble, reverse engineer, or in any way modify
the Software without the prior written consent of
Lutron, except and only to the extent that such activity
is expressly permitted by applicable law,
notwithstanding this provision. Further, the End User
shall not allow third parties to use or view the Software
unless expressly authorized by Lutron.
OWNERSHIP OF SOFTWARE
The Software and any authorized copies made by the
End User are the intellectual property of and are
owned by Lutron and/or its suppliers. The Software,
including but not limited to, the structure, organization
and code (both object code and source code), are the
valuable trade secrets and confidential information of
Lutron and/or its suppliers. The Software is protected
by law, including without limitation the copyright laws
of the United States and other countries, and by
international treaty provisions. Except as expressly
stated herein, this License Agreement does not grant
the End User any intellectual property rights in the
Software and all rights not expressly granted are
reserved by Lutron and its suppliers.
LIMITATION OF LIABILITY AND DAMAGES
NOTWITHSTANDING ANY DAMAGES THAT YOU
MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
REFERRED TO ABOVE AND ALL DIRECT OR
GENERAL DAMAGES), THE ENTIRE LIABILITY OF
LUTRON AND ANY OF ITS SUPPLIERS UNDER ANY
PROVISION OF THIS LICENSE AGREEMENT AND
YOUR EXCLUSIVE REMEDY FOR ALL OF THE
FOREGOING SHALL BE LIMITED TO THE LESSER
OF THE AMOUNT ACTUALLY PAID BY YOU FOR
THIS SOFTWARE LICENSE, OR U.S. $100.00. THE
FOREGOING LIMITATION, EXCLUSIONS AND
DISCLAIMERS SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. THE
WARRANTY CONTAINED IN THIS LICENSE
AGREEMENT GIVES YOU SPECIFIC RIGHTS. YOU
MAY HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE OR JURISDICTION TO
JURISDICTION.
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Lutron® myRoomTM System Software End User License Agreement
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®
SPECIFICATION SUBMITTAL Page
Job Name:
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myRoomT License AgreementLutron®
369989a 2 05.03.16
APPLICABLE LAW
This Software License Agreement is governed by the
laws of the Commonwealth of Pennsylvania, USA. The
End User agrees to consent to the non-exclusive
jurisdiction of the courts in Pennsylvania, USA.
ENTIRE AGREEMENT
This License Agreement, including any addendum or
amendment to the License Agreement which is
included with the Software, the myRoomT lighting
control system warranty, and any applicable Lutron
Services Co., Inc. service contract, are the entire
agreement between the End User and Lutron relating
to the Software, and they supersede all prior or
contemporaneous oral or written communications,
proposals and representations with respect to the
Software or any other subject matter covered by this
License Agreement. To the extent the terms of any
Lutron policies or programs for support services
conflict with the terms of this License Agreement, the
terms of this License Agreement shall control. The
terms of this License Agreement shall not be modified
except by the consent of Lutron given in a writing
signed by an officer of Lutron.
SEVERABILITY
If any of the provisions of this License Agreement are
invalid under any applicable statute or rule of law, then
those provisions or portions thereof are to that extent
deemed to be omitted.
TERMINATION
Without prejudice to any other rights, Lutron may
terminate this License Agreement if the End User does
not abide by the terms and conditions of this License
Agreement, in which case the End User must either
destroy or return, at Lutrons sole option, all copies of
the Software and all of its component parts.
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