Epiphan DVI2PCIe Duo User Manual

Page 87

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Software and Documentation License


83

DVI2PCIe Duo User Guide

(INCLUDING ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS) IN RELATION TO
THE SOFTWARE AND/OR DOCUMENTATION FOR ANY INDIRECT, RELIANCE, INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF
REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERUPTION, LOSS OF DATA,
REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING
FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER
THEORY OF LIABILITY, EVEN IF LICENSOR (INCLUDING ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS
AND DISTRIBUTORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE
FORESEEABLE. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED
BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR FUNDAMENTAL
BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO
EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF LICENSOR
(INCLUDING ITS LICENSORS, SUPPLIERS,
SUBCONTRACTORS AND DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DAMAGES ARISING FROM THIS AGREEMENT, RELATING TO THE SOFTWARE, DOCUMENTATION
AND/OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR (INCLUDING ITS LICENSORS,
SUPPLIERS, SUBCONTRACTORS AND DISTRIBUTORS) IN RELATION TO THE SOFTWARE AND/OR
DOCUMENTATION, EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE.

THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY
CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY,
NEITHER LICENSOR
NOR ANY OF ITS LICENSORS OR SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN
THIS AGREEMENT.

7. Term and Termination: This Agreement shall continue for as long as You use the Software, however, it
may be terminated sooner as provided in this Section 7. You may terminate this Agreement by
destroying all 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.

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