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 Systems Inc.
Software 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;
"You" or "Your"
means the individual acquiring the Software license or any entity on whose behalf such individual is acting. In the
case of an entity, "You" includes any entity that by majority voting interest controls, is controlled by, or is under common control with
You; and