Beta draft - 442 – Epiphan Pearl Mini Live Video Production System with 512GB SSD (NA/JP) User Manual

Page 453

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BETA DRAFT - 442

that are controlled by a Licensing String You shall only use that Licensing String with the copy of the Software for which it was
issued and You shall not use that copy of the Licensing String with any other copies of the Software that You may have or
make. 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 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 the
binary or bytecode version 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 are additional conditions to the licenses granted in Section 2. Your right
to use the Software is conditioned upon Your timely payment of the full amount of fees due for: (i) the Epiphan Hardware
Product(s) on which You want to use the Software; (ii) all support agreements You have entered into with Licensor or any of
its distributors and/or resellers; (iii) licensed Software and Documentation.

You shall not reverse engineer, disassemble, reverse translate, decompile or in any other manner decode any Epiphan
Hardware Product or 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 Products. 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.
Notwithstanding the foregoing, You may call public APIs made available by Epiphan in the Software from applications
developed by or on Your behalf provided that such applications do not embed any of the Software other than the minimum
linkage materials required to call separately running instances of the Software. 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.

Some Epiphan Hardware Products and Software embed third-party APIs that integrate with third-party party services (“Third-
Party Services”) to allow users of such Epiphan Hardware Products and Software to interact with such Third-Party Services
for various capabilities offered by such Third-Party Services, such as, and without limitation, authentication, uploading and
downloading of video content and other features made available by such Third-Party Services. If You access or use any
Third-Party Service and/or related APIs using an Epiphan Hardware Product and/or the Software then You shall comply with
all of the terms and conditions for such Third-Party Service and/or related APIs.

5. Disclaimer of Warranties: EXCEPT FOR ANY WARRANTIES THAT MAY BE PROVIDED IN ANY COMMERCIAL
AGREEMENT EXECUTED BETWEEN YOU AND LICENSOR (OR BETWEEN YOU AND ONE OF LICENSOR’S
RESELLERS OR DISTRIBUTORS), THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE AND/OR
DOCUMENTATION ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS, CONDITIONS, AND/OR
WARRANTIES OF ANY KIND. WITHOUT LIMITATION, LICENSOR AND ITS AFFILIATES AND ITS AND THEIR
LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS DISCLAIM ANY AND ALL
IMPLIED REPRESENTATIONS, CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE
QUALITY, NON-INFRINGEMENT, DURABILITY, COMPATIBILITY, TITLE, SATISFACTORY QUALITY AND/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
EXECUTED BETWEEN YOU AND LICENSOR (OR BETWEEN YOU AND ONE OF LICENSOR’S RESELLERS OR
DISTRIBUTORS), THE ENTIRE RISK OF THE USE OF THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE
AND/OR DOCUMENTATION SHALL BE BORNE BY YOU. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN
ANY COMMERCIAL AGREEMENT EXECUTED BETWEEN YOU AND LICENSOR (OR BETWEEN YOU AND ONE OF
LICENSOR’S RESELLERS OR DISTRIBUTORS), NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY OF

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