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discontinue the release of any Software and to alter prices, features, specifications, capabilities, functions,
licensing terms, release dates, general availability or other characteristics of the Software.
9. Title:
All right, title, and interest (including all intellectual property rights) in, to, and under the Software
(including all copies thereof) shall remain with Licensor and its licensors.
10. High-Risk Activities:
The Software is not fault-tolerant and is not designed, manufactured or intended for
use in or in conjunction with on-line control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation systems, air traffic control, or
direct life support machines. Licensor, its licensors, suppliers, subcontractors and distributors specifically
disclaim any express or implied representations, warranties and/or conditions for such uses.
11. U.S. Government End-Users:
The Software and Documentation are each a "commercial item" as that term
is defined at FAR 2.101, consisting of "commercial computer software" and "commercial computer software
documentation" as such terms are defined in FAR 12.212, and are provided to the U.S. Government only as
commercial end items. Government end users acquire the rights set out in this Agreement for the Software and
Documentation consistent with: (i) for acquisition by or on behalf of civilian agencies, the terms set forth in
FAR12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, the terms set forth in
DFARS 227.7202. Use of the Software and Documentation is further restricted by the terms and conditions of
this Agreement. For the purposes of any applicable government use, the Software and Documentation were
developed exclusively at private expense, and are trade secrets of Epiphan Systems Inc. for the purpose of any
Freedom of Information legislation or any other disclosure statute, regulation or provision.
12. Export Restrictions:
The Software, Documentation and related information are subject to export and
import restrictions. By downloading, installing, or using the Software, Documentation and/or related
information, You are representing and warranting that You are not located in, are not under the control of,
and are not a national or resident of any country to which the export of the Software, Documentation and/or
related information would be prohibited by the laws and/or regulations of Canada or the United States. You
are also representing and warranting that You are not an individual to whom the export of the Software,
Documentation or related information would be prohibited by the laws and/or regulations of Canada or the
United States. You shall comply with the export laws and regulations of Canada and the United States that are
applicable to the Software, Documentation and related information and You shall also comply with any local
laws and/or regulations in Your jurisdiction that may impact Your right to export, import, or use the Software,
Documentation or related information, and You represent and warrant that You have complied with any such
applicable laws and/or regulations. The Software, Documentation and related information shall not be used for
any purposes prohibited by export laws and/or regulations, including, without limitation, nuclear, chemical, or
biological weapons proliferation. You shall be responsible for procuring all required permissions for any
subsequent export, import, or use of the Software, Documentation or related information.
13. Intellectual Property:
Epiphan is a trademark or a registered trademark of Epiphan Systems Inc. in certain
countries. All Licensor product names and logos are trademarks or registered trademarks of Epiphan Systems
Inc. in certain countries. All other company and product names and logos are trademarks or registered
trademarks of their respective owners in certain countries. You shall not disclose, transfer or otherwise provide
to any third party any portion of the Software, except as expressly permitted in this Agreement.
14. General:
This Agreement is the entire agreement between You and Licensor in respect to the Software,
superseding any other agreements or discussions, oral or written. The terms and conditions of this Agreement
shall prevail over any pre-printed terms on any quotes, orders, purchase orders, or purchase order
acknowledgements, and shall prevail over any other communications between the parties in relation to the
