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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 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
Summary of Contents for Networked VGA Grid
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