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Software 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, HARDWARE 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 Systems Inc. Software License;
"API" means an application programming interface;
"Documentation" means the technical publications delivered to You with the Software relating to the installation
and operation of the Software and/or Hardware, such as reference, user, installation and technical guides and release
notes;
"Epiphan" means Epiphan Systems Inc;
"Epiphan Hardware Product" means an Epiphan hardware product (including enclosure and mechanical parts,
circuitry and electrical and electronic components contained therein) purchased by You, which is intended to be used
in conjunction with the licensed Software and Documentation;
"License Key" means a series of computer-generated characters used for the purpose of controlling the operation of
Epiphan Hardware Products and/or related Software;
"Software" means the Licensor binary and/or bytecode software and/or firmware programs that are (i) specified in
Your Order or that are included with or in the Epiphan Hardware Products specified in Your Order, (ii) are made
available to You for download after acceptance of this Agreement, (iii) are packaged with this Agreement, (iv) pre-
installed on Epiphan Hardware Products, (v) embed this Agreement in their installer(s) and which are installed after
acceptance of this Agreement, or (vi) embed this Agreement in their product documentation. Software also includes
the related Documentation;
"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; and