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Netlinx Studio and TPD

staticatticstaticattic Posts: 200
in NetLinx Studio
in the contract for the current job I am working, it states that they will recieve all copies of the surce code, not the token files, the real deal. I am not worried about that and I am not starting a "who owns the code" thread. I just spoke with one of their network engineers and not only do they want the source code, they also want copies of all of the AMX software to allow them to make changes such as add new IR files, change functions, etc. I seem to remember somewhere in the ACE agreement that it said only registered users were allowed copies of the AMX software. Am I mistaken?

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  • jjamesjjames Posts: 2,908
    staticattic wrote: »
    in the contract for the current job I am working, it states that they will recieve all copies of the surce code, not the token files, the real deal. I am not worried about that and I am not starting a "who owns the code" thread. I just spoke with one of their network engineers and not only do they want the source code, they also want copies of all of the AMX software to allow them to make changes such as add new IR files, change functions, etc. I seem to remember somewhere in the ACE agreement that it said only registered users were allowed copies of the AMX software. Am I mistaken?
    You are correct. *You* (nor your company) can give them the software. And it's not in the ACE agreement, it's in the AMX Software License and Warranty Agreement.
    LICENSE GRANT.
    AMX grants to Licensee the non-exclusive right to use the AMX Software in the manner described in this License. The AMX Software is licensed, not sold. This license does not grant Licensee the right to create derivative works of the AMX Software. The AMX Software consists of generally available programming and development software, product documentation, sample applications, tools and utilities, and miscellaneous technical information. Please refer to the README.TXT file on the compact disc or download for further information regarding the components of the AMX Software. The AMX Software is subject to restrictions on distribution described in this License Agreement. AMX Dealer, Distributor, VIP or other AMX authorized entity shall not, and shall not permit any other person to, disclose, display, loan, publish, transfer (whether by sale, assignment, exchange, gift, operation of law or otherwise), license, sublicense, copy, or otherwise disseminate the AMX Software. Licensee may not reverse engineer, decompile, or disassemble the AMX Software.

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    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.

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    You (or your company) accept(s) this every time you download any software, firmware or anything else from amx.com. I would show this to your managers / superiors and have them show it to your client.

    Your client will probably need to speak with AMX about obtaining the software. It's not unheard of to have an end-user possess the software (there was one in my P1 class.) However with the changes of AMX's business model, this may be a thing of the past. The last thing AMX wants (or needs) are our clients who "demand" to have the software calling in for tech support (not that they'd get it), but still.

    I would (or have your manager / boss) explain to the client that you are bound by AMX's license agreement and cannot share or give them the software under circumstances then further explain that they can have the source files, but not the development tools; in order to obtains those tell them to contact AMX directly. Even if your rep says it's okay, I wouldn't do it. There is no reason that anyone other than an "AMX dealer, distributor, VIP or other AMX authorized entity" should have the development software.
  • staticatticstaticattic Posts: 200
    thanks for the reply. my memory is not as good as it used to be, but I did remember reading in one of AMX's agreements that the AMX software can't be just handed out to anyone. Before I got here, they did not even know how to spell "AMX." I find it odd that they actually want copies of the development tools. But, I'm just a worker bee doing what I'm told. They may not be happy, but I am going to tell them to call AMX for the procedures on what they need to do in order to obtain their own copies.
  • staticatticstaticattic Posts: 200
    OK, now that I am in my motel room and can actually get on the net, thanks again for the reply. I knew I had read it somewhere but could not remember where, I thought it was the ACE agreement. I guess the important part was that I knew I am not supposed to just hand out copies of AMX software. I am just going to copy and past the AMX software license in my response to them as to why I am not going to give them the AMX development tools. I still think it is odd that they want it. For what its worth, I am going to give them all of my source code and let them deal with getting the AMX software to be able to open it. One thing I am holding back on, and again I don't want to turn this into a "who owns the code" debate, is the TP files. I drew all of the on and off states for the buttons as well as all of the graphics for the TP's. I am going to give them the TP files per the contract, but I am leaving the TP files password protected. Legally, since I did all of my work on a government owned laptop under a government contract, I suppose technically I can't keep them away from my graphics. But I am going to play it out and see what happens.
  • jweatherjweather Posts: 320
    staticattic wrote: »
    I am going to give them the TP files per the contract, but I am leaving the TP files password protected. Legally, since I did all of my work on a government owned laptop under a government contract, I suppose technically I can't keep them away from my graphics. But I am going to play it out and see what happens.

    Telling them "no" is fine. Telling them "yes" and then not complying is a terrible idea. Those TP files are their insurance that they won't have to pay somebody to redo from scratch if your business disappears. What exactly are you worried about? Consider looking into source code escrow (Iron Mountain is one company), which is using a third party to hold the source files. That way you don't have to worry about the customer prying into the files until there's actually a good reason for it (namely, you fail to exist or breach the contract established with the source escrow company)
  • DHawthorneDHawthorne Posts: 4,584
    I have customers ask me for this all the time. I give them the source, no argument, and tell them if they want the programming tools, they have to get them from the manufacturer themselves (not just AMX clients, I've even had this request from Lutron clients). At first, I thought they were just looking for insurance to be able to migrate to another vendor, but I have yet to see that happen. Mostly, it's just a client's fear that something may happen and they would be high and dry without their own copy. It also makes them feel I have nothing to hide.
  • samossamos Posts: 106
    I give all my customers the source code and make them sign an EULA. The EULA states that I still own the software,and they receive a licence for it. It says that they can have a copy of the source code, but they can not sell it, or load it on any additional masters without expressed written consent from me. If they do not follow the rules of the EULA then I can revoke there licence. Now I know that they can just not let me know and do what they want but if I find out I can revoke the licence.


    I had a customer who requested the development tools as well, he was able to call AMX and after paying to go to programmer one they gave him the software.
  • jjamesjjames Posts: 2,908
    samos wrote: »
    I had a customer who requested the development tools as well, he was able to call AMX and after paying to go to programmer one they gave him the software.
    Which I believe is the correct way to go. I remember going to P1 and there was an end-user in the class who had to pay to be there (the instructor wasn't too happy about it.) However, with the shake-up that's happening at AMX, I wonder if they'll still offer classes to end-users who are willing to pay.

    Jeff, let us know how it turns out for you & the client.
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