Epiphan Networked VGA Grid User Manual

Page 301

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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 acknowledge and agree that

the rights in respect to use of the Software and Documentation are granted only for use in conjunction with

Epiphan hardware. 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

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