Software and documentation license – Epiphan Networked VGA Grid User Manual

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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 Systems Inc. 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;

“Epiphan” means Epiphan Systems Inc.;

“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) pre-installed on

Epiphan products, or (iv) 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.

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

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