"Your Order"
means (i) the web forms provided by Epiphan or its applicable reseller or distributor for ordering Epiphan Hardware
Products and related Software licenses, or (ii) written documents executed by Epiphan, or one of its resellers or distributors, and You
in respect to Your purchases of Epiphan Hardware Products and/or related Software licenses.
2. Grant of Software License:
Subject to the terms and conditions of this Agreement, including payment of any applicable fees
specified in Your Order, Licensor grants You a non-exclusive, non-transferable, non-sublicensable, internal license to use the number
of copies of the Software specified in Your Order and to use the Software functions specified in Your Order solely for operation on the
Epiphan Hardware Products for which such Software has been designed as specified in the Documentation for such Software. If the
number of copies of Software is not specified in Your Order, then the number of copies shall be a reasonable number of copies. You
acknowledge and agree that the ability to use certain Software functions is controlled by a Licensing Key and that You will not be able
to use such functions unless You have paid the applicable fees charged by Epiphan for the right to use such functions and to receive a
Licensing Key to enable such functions. For functions that are controlled by a Licensing String You shall only use that Licensing String
with the copy of the Software for which it was issued and You shall not use that copy of the Licensing String with any other copies of the
Software that You may have or make. All copies of the Software made by You shall include all trademarks, copyright notices, restricted
rights legends, proprietary markings and the like exactly as they appear on the copy of the Software originally provided to You. No
other rights in the Software or Documentation are granted to You.
3. Open Source Software:
Binary, bytecode and source code versions of certain open source software packages may be embedded
in or distributed with the Software ("Open Source Software"). If a separate license agreement for an item of open source software is:
delivered to You with the Software; included in the 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 the binary or bytecode version 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 are additional conditions to the licenses granted in Section 2. Your right to use the
Software is conditioned upon Your timely payment of the full amount of fees due for: (i) the Epiphan Hardware Product(s) on which You
want to use the Software; (ii) all support agreements You have entered into with Licensor or any of its distributors and/or resellers; (iii)
licensed Software and Documentation.
You shall not reverse engineer, disassemble, reverse translate, decompile or in any other manner decode any Epiphan Hardware
Product or 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 Products. 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. Notwithstanding the foregoing, You may call public APIs
made available by Epiphan in the Software from applications developed by or on Your behalf provided that such applications do not
embed any of the Software other than the minimum linkage materials required to call separately running instances of the Software.
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