epiphan Networked VGA Grid, User Manual

Page: 376 / 387

"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
"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.