enhancement s t o t he Sof t ware provided pursuant t o any t echnical support You may procure f rom Licensor
shall be governed by t he t erms and condit ions of t his Agreement . Licensor reserves t he right at any t ime not
t o release or t o discont inue t he release of any Sof t ware and t o alt er prices, f eat ures, specif icat ions,
capabilit ies, f unct ions, licensing t erms, release dat es, general availabilit y or ot her charact erist ics of t he
Sof t ware.
9. Tit le: All right , t it le, and int erest (including all int ellect ual propert y right s) in, t o, and under t he Sof t ware
(including all copies t hereof ) shall remain wit h Licensor and it s licensors.
10. High-Risk Act ivit ies: The Sof t ware is not f ault -t olerant and is not designed, manuf act ured or int ended
f or use in or in conjunct ion wit h on-line cont rol equipment in hazardous environment s requiring f ail-saf e
perf ormance, such as in t he operat ion of nuclear f acilit ies, aircraf t navigat ion syst ems, air t raf f ic cont rol, or
direct lif e support machines. Licensor, it s licensors, suppliers, subcont ract ors and dist ribut ors specif ically
disclaim any express or implied represent at ions, warrant ies and/ or condit ions f or such uses.
11. U.S. Government End-Users: The Sof t ware and Document at ion are each a "commercial it em" as t hat
t erm is def ined at FAR 2.101, consist ing of "commercial comput er sof t ware" and "commercial comput er
sof t ware document at ion" as such t erms are def ined in FAR 12.212, and are provided t o t he U.S. Government
only as commercial end it ems. Government end users acquire t he right s set out in t his Agreement f or t he
Sof t ware and Document at ion consist ent wit h: (i) f or acquisit ion by or on behalf of civilian agencies, t he t erms
set f ort h in FAR12.212; or (ii) f or acquisit ion by or on behalf of unit s of t he Depart ment of Def ense, t he t erms
set f ort h in DFARS227.7202. Use of t he Sof t ware and Document at ion is f urt her rest rict ed by t he t erms and
condit ions of t his Agreement . For t he purposes of any applicable government use, t he Sof t ware and
Document at ion were developed exclusively at privat e expense, and are t rade secret s of Epiphan Syst ems Inc.
f or t he purpose of any Freedom of Inf ormat ion legislat ion or any ot her disclosure st at ut e, regulat ion or
provision.
12. Export Rest rict ions: The Sof t ware, Document at ion and relat ed inf ormat ion are subject t o export and
import rest rict ions. By downloading, inst alling, or using t he Sof t ware, Document at ion and/ or relat ed
inf ormat ion, You are represent ing and warrant ing t hat You are not locat ed in, are not under t he cont rol of ,
and are not a nat ional or resident of any count ry t o which t he export of t he Sof t ware, Document at ion and/ or
relat ed inf ormat ion would be prohibit ed by t he laws and/ or regulat ions of Canada or t he Unit ed St at es. You
are also represent ing and warrant ing t hat You are not an individual t o whom t he export of t he Sof t ware,
Document at ion or relat ed inf ormat ion would be prohibit ed by t he laws and/ or regulat ions of Canada or t he
Unit ed St at es. You shall comply wit h t he export laws and regulat ions of Canada and t he Unit ed St at es t hat are
applicable t o t he Sof t ware, Document at ion and relat ed inf ormat ion and You shall also comply wit h any local
laws and/ or regulat ions in Your jurisdict ion t hat may impact Your right t o export , import , or use t he Sof t ware,
Document at ion or relat ed inf ormat ion, and You represent and warrant t hat You have complied wit h any such
applicable laws and/ or regulat ions. The Sof t ware, Document at ion and relat ed inf ormat ion shall not be used
f or any purposes prohibit ed by export laws and/ or regulat ions, including, wit hout limit at ion, nuclear, chemical,
or biological weapons prolif erat ion. You shall be responsible f or procuring all required permissions f or any
subsequent export , import , or use of t he Sof t ware, Document at ion or relat ed inf ormat ion.
13. Int ellect ual Propert y: Epiphan is a t rademark or a regist ered t rademark of Epiphan Syst ems Inc. in
cert ain count ries. All Licensor product names and logos are t rademarks or regist ered t rademarks of Epiphan
Syst ems Inc. in cert ain count ries. All ot her company and product names and logos are t rademarks or
regist ered t rademarks of t heir respect ive owners in cert ain count ries. You shall not disclose, t ransf er or