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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 DISTRIBUTORS),
NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY OF ITS OR THEIR LICENSORS, SUPPLIERS,
SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS MAKE ANY REPRESENTATIONS OR PROVIDE ANY
CONDITIONS AND/OR WARRANTIES ABOUT THE SUITABILITY OF THE EPIPHAN HARDWARE PRODUCTS,
SOFTWARE, SERVICES AND/OR DOCUMENTATION. NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY
ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS MAKE ANY
REPRESENTATIONS OR PROVIDE ANY CONDITIONS AND/OR WARRANTIES WHATSOEVER ABOUT ANY
INFORMATION AND/OR DATA THAT MAY BE PROCESSED BY OR MADE AVAILABLE USING ANY EPIPHAN
HARDWARE PRODUCT AND/OR SOFTWARE OR ABOUT ANY THIRD-PARTY SERVICE THAT MAY BE ACCESSIBLE
USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE.
6. LIMITATION OF LIABILITY: NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY OF ITS OR THEIR
LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS SHALL HAVE ANY LIABILITY
TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS AGREEMENT, RELATING
TO THE HARDWARE, SOFTWARE OR DOCUMENTATION, OR RELATING TO ANY SERVICES PROVIDED TO YOU
BY LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS,
RESELLERS AND/OR DISTRIBUTORS) IN RELATION TO THE EPIPHAN HARDWARE PRODUCTS, SERVICES,
SOFTWARE AND/OR DOCUMENTATION FOR ANY INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR
PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEMENT OR
RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING FROM CONTRACT,
EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN
IF LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS,
RESELLERS AND/OR DISTRIBUTORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY
ARE FORESEEABLE. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED
BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR FUNDAMENTAL BREACH.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE