SDI2USB 3.0 User Guide
Software license
control, or direct life support m achines. Licensor, its licensors, suppliers, subcontractors, resellers and distributors
specifically disclaim any express or im plied representations, warranties and/or conditions for such uses.
12. U.S. Governm ent End-Users: The Software and Docum entation are each a "com m ercial item " as that term is
defined at FAR 2.101, consisting of "com m ercial com puter software" and "com m ercial com puter software
docum entation" as such term s are defined in FAR 12.212, and are provided to the U.S. Governm ent only as
com m ercial end item s. Governm ent end users acquire the rights set out in this Agreem ent for the Software, Epiphan
Hardware Products and Docum entation consistent with: (i) for acquisition by or on behalf of civilian agencies, the
term s set forth in FAR12.212; or (ii) for acquisition by or on behalf of units of the Departm ent of Defense, the term s
set forth in DFARS 227.7202. Use of the Epiphan Hardware Products, Software and Docum entation is further
restricted by the term s and conditions of this Agreem ent and the applicable com m ercial purchase agreem ent for the
Epiphan Hardware Products. For the purposes of any applicable governm ent use, the Epiphan Hardware Products,
Software and Docum entation were developed exclusively at private expense, and are trade secrets of Epiphan
System s Inc. for the purpose of any Freedom of Inform ation legislation or any other disclosure statute, regulation or
provision.
13. Export Rest rict ions: The Epiphan Hardware Products, Software, Docum entation and related inform ation are
subject to export and im port restrictions. By downloading, installing, or using the Software, Epiphan Hardware
Products, Docum entation and/or related inform ation, 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 Epiphan
Hardware Products, Software, Docum entation and/or related inform ation 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 Epiphan Hardware Products, Software, Docum entation or related inform ation would be
prohibited by the laws and/or regulations of Canada or the United States. You shall com ply with the export laws and
regulations of Canada and the United States that are applicable to the Epiphan Hardware Products, Software,
Docum entation and related inform ation and You shall also com ply with any local laws and/or regulations in Your
jurisdiction that m ay im pact Your right to export, im port, or use the Epiphan Hardware Products, Software,
Docum entation or related inform ation, and You represent and warrant that You have com plied with any such
applicable laws and/or regulations. The Epiphan Hardware Products, Software, Docum entation and related
inform ation shall not be used for any purposes prohibited by export laws and/or regulations, including, without
lim itation, nuclear, chem ical, or biological weapons proliferation. You shall be responsible for procuring all required
perm issions for any subsequent export, im port, or use of the Epiphan Hardware Products, Software, Docum entation
or related inform ation.
14. Int ellect ual Propert y: Epiphan, Epiphan System s and Epiphan Video are tradenam es, tradem arks or registered
tradem arks of Epiphan System s Inc. in certain countries. All Licensor product nam es and logos are tradem arks or
registered tradem arks of Epiphan System s Inc. in certain countries. All other com pany and product nam es and logos
are tradem arks or registered tradem arks 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 perm itted in this
Agreem ent.
15. General: This Agreem ent is the entire agreem ent between You and Licensor in respect to the Software,
superseding any other agreem ents or discussions, oral or written. The term s and conditions of this Agreem ent shall
prevail over any pre-printed term s on any quotes, orders, purchase orders, or purchase order acknowledgem ents,
and shall prevail over any other com m unications between the parties in relation to the Software. You m ay not assign
this Agreem ent whether voluntarily, by operation of law, or otherwise without Licensor's prior written consent.
Licensor m ay assign this Agreem ent at any tim e without notice. The failure of a party to claim a breach of any term of
69
