Epiphan DVI2PCIe Duo - Manual (Page 88)

Software and Documentation License
84
DVI2PCIe Duo User Guide
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.
12. Export Restrictions: The Software, Documentation and related information are subject to export and
import restrictions. By downloading, installing, or using the Software, Documentation and/or related
information, You are representing and warranting that You are not located in, are not under the control
of, and are not a national or resident of any country to which the export of the Software, Documentation
and/or related information would be prohibited by the laws and/or regulations of Canada or the United
States. You are also representing and warranting that You are not an individual to whom the export of the
Software, Documentation or related information would be prohibited by the laws and/or regulations of
Canada or the United States. You shall comply with the export laws and regulations of Canada and the
United States that are applicable to the Software, Documentation and related information and You shall
also comply with any local laws and/or regulations in Your jurisdiction that may impact Your right to
export, import, or use the Software, Documentation or related information, and You represent and
warrant that You have complied with any such applicable laws and/or regulations. The Software,
Documentation and related information shall not be used for any purposes prohibited by export laws
and/or regulations, including, without limitation, nuclear, chemical, or biological weapons proliferation.
You shall be responsible for procuring all required permissions for any subsequent export, import, or use
of the Software, Documentation or related information.
13. Intellectual Property: Epiphan is a trademark or a registered trademark of Epiphan Systems Inc. in
certain countries. All Licensor product names and logos are trademarks or registered trademarks of
Epiphan Systems Inc. in certain countries. All other company and product names and logos are
trademarks or registered trademarks of their respective owners in certain countries. You shall not
disclose, transfer or otherwise provide to any third party any portion of the Software, except as expressly
permitted in this Agreement.
14. General: This Agreement is the entire agreement between You and Licensor in respect to the
Software, superseding any other agreements or discussions, oral or written. The terms and conditions of
this Agreement shall prevail over any pre-printed terms on any quotes, orders, purchase orders, or
purchase order acknowledgements, and shall prevail over any other communications between the parties
in relation to the Software. You may not assign this Agreement whether voluntarily, by operation of law,
or otherwise without Licensor’s prior written consent. Licensor may assign this Agreement at any time
without notice. The failure of a party to claim a breach of any term of this Agreement shall not constitute
a waiver of such breach or the right of such party to enforce any subsequent breach of such term. If any
provision of this Agreement is held to be unenforceable or illegal, such decision shall not affect the
validity or enforceability of such provisions under other circumstances or the remaining provisions of this