SDI2USB 3.0 User Guide
Software and Documentation License
copies of the Software and Documentation under Your control and providing certification of such destruction
to Licensor or by returning the Software to Licensor. Licensor may terminate this Agreement immediately by
providing You with written notice if: (a) You are in material breach of any provision of this Agreement, which
breach, if capable of being cured, is not cured within thirty (30) days after Licensor gives You written notice
thereof; or (b) You have committed a non-curable material breach of this Agreement. Upon termination You
shall destroy all copies of the Software. In addition to this Section, the Sections entitled Definitions, Disclaimer
of Warranties, Limitation of Liability, Title, High-Risk Activities, Intellectual Property, and General shall continue
in force even after any termination of this Agreement. No termination of this Agreement will entitle You to a
refund of any amounts paid by You to Licensor or affect any obligations You may have to pay any
outstanding amounts owing to Licensor. Upon any termination by Licensor, You shall destroy all copies of the
Software and Documentation under Your control and certify such destruction to Licensor.
8. Support and Updates:
This Agreement does not grant You the right to any updates or enhancements of
the Software or the right to receive any technical support for the Software. Such updates and other technical
support services, if available, may be purchased separately from Licensor. Use of any updates or
enhancements to the Software provided pursuant to any technical support You may procure from Licensor
shall be governed by the terms and conditions of this Agreement. Licensor reserves the right at any time not
to release or to discontinue the release of any Software and to alter prices, features, specifications,
capabilities, functions, licensing terms, release dates, general availability or other characteristics of the
Software.
9. Title:
All right, title, and interest (including all intellectual property rights) in, to, and under the Software
(including all copies thereof) shall remain with Licensor and its licensors.
10. High-Risk Activities:
The Software is not fault-tolerant and is not designed, manufactured or intended
for use in or in conjunction with on-line control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation systems, air traffic control, or
direct life support machines. Licensor, its licensors, suppliers, subcontractors and distributors specifically
disclaim any express or implied representations, warranties and/or conditions for such uses.
11. U.S. Government End-Users:
The Software and Documentation are each a "commercial item" as that
term is defined at FAR 2.101, consisting of "commercial computer software" and "commercial computer
software documentation" as such terms are defined in FAR 12.212, and are provided to the U.S. Government
only as commercial end items. Government end users acquire the rights set out in this Agreement for the
Software and Documentation consistent with: (i) for acquisition by or on behalf of civilian agencies, the terms
set forth in FAR12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, the terms
set forth in DFARS 227.7202. Use of the Software and Documentation is further restricted by the terms and
conditions of this Agreement. For the purposes of any applicable government use, the Software and
Documentation were developed exclusively at private expense, and are trade secrets of Epiphan Systems Inc.
for the purpose of any Freedom of Information legislation or any other disclosure statute, regulation or
provision.
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