SDI2USB 3.0 User Guide
Software license
THE HARDWARE, SOFTWARE OR DOCUM ENTATION, OR RELATING TO ANY SERVICES PROVIDED TO YOU BY
LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS,
RESELLERS AND/ OR DISTRIBUTORS) IN RELATION TO THE EPIPHAN HARDWARE PRODUCTS, SERVICES,
SOFTWARE AND/ OR DOCUM ENTATION FOR ANY INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE,
EXEM PLARY OR CONSEQUENTIAL DAM AGES, INCLUDING, BUT NOT LIM ITED TO, LOSS OF REVENUE OR PROFIT,
LOSS OF OR DAM AGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEM ENT OR RECOVERY
COSTS, OR OTHER COM M ERCIAL OR ECONOM IC LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF LICENSOR
(INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS
AND/ OR DISTRIBUTORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM AGES, OR THEY ARE
FORESEEABLE. THE LIM ITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR
DEFAULT IS A BREACH OF A FUNDAM ENTAL CONDITION OR TERM OR FUNDAM ENTAL BREACH. SOM E
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIM ITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAM AGES, SO THESE LIM ITATIONS M AY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL
CUM ULATIVE LIABILITY OF LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS,
SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DAM AGES ARISING FROM THIS AGREEM ENT, RELATING TO THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE,
DOCUM ENTATION AND/ OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR (INCLUDING ITS
AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS) IN
RELATION TO THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE AND/ OR DOCUM ENTATION, EXCEED THE
LICENSE FEES PAID BY YOU FOR THE SOFTWARE.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEM ENT, NEITHER LICENSOR NOR ANY OF ITS
AFFILIATES OR ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/ OR DISTRIBUTORS
SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY WHATSOEVER IN RESPECT TO ANY
DIRECT, INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEM PLARY OR CONSEQUENTIAL DAM AGES,
INCLUDING, BUT NOT LIM ITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAM AGE TO DATA, BUSINESS
INTERRUPTION, LOSS OF DATA, REPLACEM ENT OR RECOVERY COSTS, OR OTHER COM M ERCIAL OR ECONOM IC
LOSS, ARISING FROM OR RELATING TO ANY INFORM ATION AND/ OR DATA THAT M AY BE PROCESSED BY OR
M ADE AVAILABLE USING ANY EPIPHAN HARDWARE PRODUCT AND/ OR SOFTWARE OR ARISING FROM OR
RELATING TO ANY THIRD-PARTY SERVICE THAT M AY BE ACCESSIBLE USING ANY EPIPHAN HARDWARE
PRODUCT AND/ OR SOFTWARE.
THE DISCLAIM ER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIM ITATION OF LIABILITY
CONSTITUTE AN ESSENTIAL PART OF THIS AGREEM ENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIM ER
OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIM ITATION OF LIABILITY, NEITHER LICENSOR
NOR ANY OF ITS AFFILIATES OR ITS OR THEIR LICENSORS, SUPPLIERS, RESELLERS OR DISTRIBUTORS WOULD
GRANT THE RIGHTS GRANTED IN THIS AGREEM ENT.
7. Term and Term inat ion: This Agreem ent shall continue for as long as You use the Software, however, it m ay be
term inated sooner as provided in this Section 7. You m ay term inate this Agreem ent by destroying all copies of the
Software and Docum entation under Your control and providing certification of such destruction to Licensor or by
returning the Software to Licensor. Licensor m ay term inate this Agreem ent im m ediately by providing You with written
notice if: (a) You are in m aterial breach of any provision of this Agreem ent, which breach, if capable of being cured, is
not cured within thirty (30) days after Licensor gives You written notice thereof; or (b) You have com m itted a non-
curable m aterial breach of this Agreem ent. Upon term ination You shall destroy all copies of the Software and
Docum entation. In addition to this Section, the Sections entitled Definitions, Disclaim er of Warranties, Lim itation of
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