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"Your Order"
means (i) the web forms provided by Epiphan or its applicable reseller or distributor for ordering
Epiphan Hardware Products and related Software licenses, or (ii) written documents executed by Epiphan, or one of its
resellers or distributors, and You in respect to Your purchases of Epiphan Hardware Products and/or related Software
licenses.
2. Grant of Software License:
Subject to the terms and conditions of this Agreement, including payment of any
applicable fees specified in Your Order, Licensor grants You a non-exclusive, non-transferable, non-sublicensable,
internal license to use the number of copies of the Software specified in Your Order and to use the Software functions
specified in Your Order solely for operation on the Epiphan Hardware Products for which such Software has been
designed as specified in the Documentation for such Software. If the number of copies of Software is not specified in
Your Order, then the number of copies shall be a reasonable number of copies. You acknowledge and agree that the
ability to use certain Software functions is controlled by a Licensing Key and that You will not be able to use such
functions unless You have paid the applicable fees charged by Epiphan for the right to use such functions and to
receive a Licensing Key to enable such functions. For functions that are controlled by a Licensing String You shall only
use that Licensing String with the copy of the Software for which it was issued and You shall not use that copy of the
Licensing String with any other copies of the Software that You may have or make. All copies of the Software made by
You shall include all trademarks, copyright notices, restricted rights legends, proprietary markings and the like exactly
as they appear on the copy of the Software originally provided to You. No other rights in the Software or
Documentation are granted to You.
3. Open Source Software:
Binary, bytecode and source code versions of certain open source software packages may
be embedded in or distributed with the Software ("Open Source Software"). If a separate license agreement for an
item of open source software is: delivered to You with the Software; included in the download package for the
Software; referenced in any material (including the Documentation) that is included in the download or distribution
package for the Software; or listed at www.epiphan.com/opensource, then such open source software shall be Open
Source Software and such separate license agreement shall govern Your use of that item or version of such open
source software. The Open Source Software may include free software (i.e. software licensed under the GNU Lesser
General Public License or other free software licenses) for which the applicable free software license may also require
that the source code for such free software be made available to those receiving only executable versions of such free
software. If the source code for any free software distributed with the Software is not provided with the Software, then
upon request, within a three (3) year period from the original receipt of the binary or bytecode version of such Open
Source Software from Licensor, for a fee that shall not exceed Licensor's costs associated with the shipping of the
source code for such free software, Licensor will provide a copy of the source code for such free software to You.
4. Restrictions:
The terms set forth in this Section 4 are additional conditions to the licenses granted in Section 2.
Your right to use the Software is conditioned upon Your timely payment of the full amount of fees due for: (i) the
Epiphan Hardware Product(s) on which You want to use the Software; (ii) all support agreements You have entered
into with Licensor or any of its distributors and/or resellers; (iii) licensed Software and Documentation.
You shall not reverse engineer, disassemble, reverse translate, decompile or in any other manner decode any
Epiphan Hardware Product or Software except to the extent the Software is distributed with any Open Source
Software that prohibits the imposition of such a restriction or to the extent the foregoing restriction is expressly
prohibited by applicable law notwithstanding a contractual obligation to the contrary. You acknowledge and agree that
no rights in respect to the source code of the Software are granted to You. You acknowledge and agree that the rights
in respect to use of the Software and Documentation are granted only for use in conjunction with Epiphan Hardware
Products. You shall not distribute, lease, rent, grant a security interest in, assign, or otherwise transfer the Software
except as expressly provided in this Agreement. You shall not modify or create any derivatives works of the Software
or merge all or any part of the Software with another program. Notwithstanding the foregoing, You may call public
APIs made available by Epiphan in the Software from applications developed by or on Your behalf provided that such
applications do not embed any of the Software other than the minimum linkage materials required to call separately
running instances of the Software. You shall not use the Software or make the Software available to any third parties
as part of any service bureau, time sharing service, application service provider offering, software-as-a-service
offering or any other managed service offering. You shall not disclose any performance, benchmarking, or feature-
