16 software and documentation license – Epiphan DVI2PCIe Duo User Manual

Page 85

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Software and Documentation License


81

DVI2PCIe Duo User Guide

16 Software and Documentation 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

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 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 Software License;

“Documentation” means the technical publications delivered to You with the Software relating to the
installation and operation of the Software, such as reference, user, installation and technical guides and
release notes;

“Software” means the Licensor binary and/or bytecode software programs that (i) are made available to
You for download after acceptance of this Agreement, (ii) are packaged with this Agreement, or (iii)
embed this Agreement in their installer(s) and which are installed after acceptance of this Agreement,
and which binary and/or bytecode software programs include any Documentation; and

“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.

2. Grant of Software License:
Subject to the terms and conditions of this Agreement, Licensor grants You
a non-exclusive, non-transferable, non-sublicensable, internal license to use a reasonable number of
copies of the Software. 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.

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