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.
Some Epiphan Hardware Products and Software embed third-party APIs that integrate with third-party party services (“Third-Party
Services”) to allow users of such Epiphan Hardware Products and Software to interact with such Third-Party Services for various
capabilities offered by such Third-Party Services, such as, and without limitation, authentication, uploading and downloading of video
content and other features made available by such Third-Party Services. If You access or use any Third-Party Service and/or related
APIs using an Epiphan Hardware Product and/or the Software then You shall comply with all of the terms and conditions for such Third-
Party Service and/or related APIs.
5. Disclaimer of Warranties: EXCEPT FOR ANY WARRANTIES THAT MAY BE PROVIDED IN ANY COMMERCIAL AGREEMENT
EXECUTED BETWEEN YOU AND LICENSOR (OR BETWEEN YOU AND ONE OF LICENSOR’S RESELLERS OR DISTRIBUTORS), THE
EPIPHAN HARDWARE PRODUCTS, SOFTWARE AND/OR DOCUMENTATION ARE PROVIDED “AS IS”, WITHOUT ANY
REPRESENTATIONS, CONDITIONS, AND/OR WARRANTIES OF ANY KIND. WITHOUT LIMITATION, LICENSOR AND ITS
AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS DISCLAIM ANY
AND ALL IMPLIED REPRESENTATIONS, CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE
QUALITY, NON-INFRINGEMENT, DURABILITY, COMPATIBILITY, TITLE, SATISFACTORY QUALITY AND/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 EXECUTED BETWEEN YOU AND LICENSOR (OR
BETWEEN YOU AND ONE OF LICENSOR’S RESELLERS OR DISTRIBUTORS), THE ENTIRE RISK OF THE USE OF THE EPIPHAN
HARDWARE PRODUCTS, SOFTWARE AND/OR DOCUMENTATION SHALL BE BORNE BY YOU. EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED IN ANY COMMERCIAL AGREEMENT EXECUTED BETWEEN YOU AND LICENSOR (OR BETWEEN YOU
AND ONE OF LICENSOR’S RESELLERS OR DISTRIBUTORS), NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY OF ITS
OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS MAKE ANY REPRESENTATIONS
OR PROVIDE ANY CONDITIONS AND/OR WARRANTIES ABOUT THE SUITABILITY OF THE EPIPHAN HARDWARE PRODUCTS,
SOFTWARE, SERVICES AND/OR DOCUMENTATION. NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY ITS OR THEIR
LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS MAKE ANY REPRESENTATIONS OR PROVIDE
ANY CONDITIONS AND/OR WARRANTIES WHATSOEVER ABOUT ANY INFORMATION AND/OR DATA THAT MAY BE
PROCESSED BY OR MADE AVAILABLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE OR ABOUT ANY
THIRD-PARTY SERVICE THAT MAY BE ACCESSIBLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE.
6. LIMITATION OF LIABILITY: NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY OF ITS OR THEIR LICENSORS,
SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER
PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS AGREEMENT, RELATING TO THE HARDWARE, SOFTWARE OR
DOCUMENTATION, 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 DOCUMENTATION FOR ANY INDIRECT, RELIANCE, INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR
PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS,
OR OTHER COMMERCIAL OR ECONOMIC 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 DAMAGES, OR THEY ARE FORESEEABLE. THE LIMITATIONS IN THIS SECTION SHALL APPLY
WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR
FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE
TOTAL CUMULATIVE LIABILITY OF LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS,
