Software
license
ATTENTION: THE SOFTWARE AND DOCUMENTATION PROVIDED UNDER THIS AGREEMENT ARE
BEING LICENSED TO YOU BY EPIPHAN SYSTEMS INC. ("LICENSOR") AND ARE NOT BEING SOLD.
THIS AGREEMENT CONTAINS LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS,
REMEDIES, AND LIABILITIES THAT ARE APPLICABLE TO THE SOFTWARE AND DOCUMENTATION.
Epiphan
Syst ems
Inc.
Sof t ware
License
IMPORTANT: BEFORE DOWNLOADING, INSTALLING, OR USING THE SOFTWARE AND
DOCUMENTATION, PLEASE CAREFULLY READ THIS AGREEMENT WHICH CONTAINS THE
TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE TO USE THE
SOFTWARE AND DOCUMENTATION. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF
THIS AGREEMENT PLEASE DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE AND
DOCUMENTATION AND PROMPTLY RETURN OR DESTROY THE SOFTWARE AND
DOCUMENTATION. IF YOU DOWNLOAD, INSTALL, OR USE THE SOFTWARE AND/OR
DOCUMENTATION, YOU WILL HAVE ACCEPTED AND AGREED TO THESE TERMS AND
CONDITIONS. THE SOFTWARE, HARDWARE AND DOCUMENTATION ARE ALSO PROTECTED BY
COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER
INTELLECTUAL PROPERTY LAWS. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY, YOU
REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY
AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH
ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER
INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.
1. Definitions:
In this Agreement:
"Agreement"
means this Epiphan Systems Inc. Software License;
"API"
means an application programming interface;
"Documentation"
means the technical publications delivered to You with the Software relating to the
installation and operation of the Software and/or Hardware, such as reference, user, installation and technical
guides and release notes;
"Epiphan"
means Epiphan Systems Inc;
"Epiphan Hardware Product"
means an Epiphan hardware product (including enclosure and mechanical
parts, circuitry and electrical and electronic components contained therein) purchased by You, which is
intended to be used in conjunction with the licensed Software and Documentation;
"License Key"
means a series of computer-generated characters used for the purpose of controlling the
operation of Epiphan Hardware Products and/or related Software;
"Software"
means the Licensor binary and/or bytecode software and/or firmware programs that are (i)
specified in Your Order or that are included with or in the Epiphan Hardware Products specified in Your Order,
(ii) are made available to You for download after acceptance of this Agreement, (iii) are packaged with this
Agreement, (iv) pre-installed on Epiphan Hardware Products, (v) embed this Agreement in their installer(s)
and which are installed after acceptance of this Agreement, or (vi) embed this Agreement in their product
documentation. Software also includes the related Documentation;
