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feature-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 TOTAL