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Software and Documentation 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 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 Software License;
“
Documentation
” means the technical publications delivered to You with the Software relating to the
installation and operation of the Software, such as reference, user, installation and technical guides and release
notes;
“
Epiphan Video
” means Epiphan Systems Inc.;
“
Software
” means the Licensor binary and/or bytecode software programs that (i) are made available to You
for download after acceptance of this Agreement, (ii) are packaged with this Agreement, or (iii) pre-installed on
Epiphan products, or (iv) embed this Agreement in their installer(s) and which are installed after acceptance of
this Agreement, and which binary and/or bytecode software programs include any Documentation; and
“
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.
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
