ii
download package for the Software; referenced in any material (including the Documentation) that is included
in the download or distribution package for the Software; or listed at www.epiphan.com/opensource, then such
open source software shall be Open Source Software and such separate license agreement shall govern Your
use of that item or version of such open source software. The Open Source Software may include free software
(i.e. software licensed under the GNU Lesser General Public License or other free software licenses) for which
the applicable free software license may also require that the source code for such free software be made
available to those receiving only executable versions of such free software. If the source code for any free
software distributed with the Software is not provided with the Software, then upon request, within a three (3)
year period from the original receipt of such Open Source Software from Licensor, for a fee that shall not
exceed Licensor's costs associated with the shipping of the source code for such free software, Licensor will
provide a copy of the source code for such free software to You.
4. Restrictions
: The terms set forth in this Section 4 shall constitute conditions to the licenses granted in
Section 2. You shall not reverse engineer, disassemble, reverse translate, decompile or in any other manner
decode the Software except to the extent the Software is distributed with any Open Source Software that
prohibits the imposition of such a restriction or to the extent the foregoing restriction is expressly prohibited
by applicable law notwithstanding a contractual obligation to the contrary. You acknowledge and agree that no
rights in respect to the source code of the Software are granted to You. You acknowledge and agree that the
rights in respect to use of the Software and Documentation are granted only for use in conjunction with
Epiphan hardware. You shall not distribute, lease, rent, grant a security interest in, assign, or otherwise transfer
the Software except as expressly provided in this Agreement. You shall not modify or create any derivatives
works of the Software or merge all or any part of the Software with another program. You shall not use the
Software or make the Software available to any third parties as part of any service bureau, time sharing service,
application service provider offering, software-as-a-service offering or any other managed service offering. You
shall not disclose any performance, benchmarking, or feature-related information about the Software. You
further agree not to disclose, transfer or otherwise provide to any third party any portion of the Software,
except as expressly permitted herein.
5. Disclaimer of Warranties: Licensor does not make any representations or provide any warranties or
conditions in respect to the Software. EXCEPT FOR ANY WARRANTIES THAT MAY BE PROVIDED IN ANY
COMMERCIAL AGREEMENT BETWEEN YOU AND LICENSOR, THE SOFTWARE AND DOCUMENTATION
ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY
KIND. WITHOUT LIMITATION, LICENSOR AND ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS AND
DISTRIBUTORS DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, AND/OR
WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, DURABILITY,
TITLE, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING BY
STATUTE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE. EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED IN ANY COMMERCIAL AGREEMENT, THE ENTIRE RISK OF THE USE OF THE SOFTWARE AND
DOCUMENTATION SHALL BE BORNE BY YOU. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY
COMMERCIAL AGREEMENT, NEITHER LICENSOR NOR ANY OF ITS LICENSORS, SUPPLIERS,
SUBCONTRACTORS AND/OR DISTRIBUTORS MAKE ANY REPRESENTATIONS OR PROVIDE ANY
CONDITIONS AND/OR WARRANTIES ABOUT THE SUITABILITY OF THE SOFTWARE AND/OR
