Epiphan DVI2PCIe Duo - Manual (Page 86)

Software and Documentation License
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DVI2PCIe Duo User Guide
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 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 shall constitute conditions to the licenses granted in
Section 2. You shall not reverse engineer, disassemble, reverse translate, decompile or in any other
manner decode the 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 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. 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-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.
5. Disclaimer of Warranties: Licensor does not make any representations or provide any warranties or
conditions in respect to the Software. EXCEPT FOR ANY WARRANTIES THAT MAY BE PROVIDED IN ANY
COMMERCIAL AGREEMENT BETWEEN YOU AND LICENSOR, THE SOFTWARE AND DOCUMENTATION
ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY
KIND. WITHOUT LIMITATION, LICENSOR AND ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS AND
DISTRIBUTORS DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, AND/OR
WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, DURABILITY,
TITLE, SATISFACTORY QUALITY, 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, THE ENTIRE RISK OF THE USE OF THE SOFTWARE AND
DOCUMENTATION SHALL BE BORNE BY YOU. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY
COMMERCIAL AGREEMENT, NEITHER LICENSOR NOR ANY OF ITS LICENSORS, SUPPLIERS,
SUBCONTRACTORS AND/OR DISTRIBUTORS MAKE ANY REPRESENTATIONS OR PROVIDE ANY
CONDITIONS AND/OR WARRANTIES ABOUT THE SUITABILITY OF THE SOFTWARE AND/OR
DOCUMENTATION OR ABOUT ANY INFORMATION AND/OR DATA THAT MAY BE PROCESSED BY OR
MADE AVAILABLE USING THE SOFTWARE.
6. LIMITATION OF LIABILITY: NEITHER LICENSOR NOR ANY OF ITS LICENSORS, SUPPLIERS,
SUBCONTRACTORS 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
SOFTWARE OR DOCUMENTATION, OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR