User Manual

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which are installed after acceptance of this Agreement, or (vi) embed this Agreement in their product
documentation. Software also includes the related Documentation;
"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; and
"Your Order" means (i) the web forms provided by Epiphan or its applicable reseller or distributor for
ordering Epiphan Hardware Products and related Software licenses, or (ii) written documents executed by
Epiphan, or one of its resellers or distributors, and You in respect to Your purchases of Epiphan Hardware
Products and/or related Software licenses.
2. Grant of Software License: Subject to the terms and conditions of this Agreement, including payment of
any applicable fees specified in Your Order, Licensor grants You a non-exclusive, non-transferable, non-
sublicensable, internal license to use the number of copies of the Software specified in Your Order and to use
the Software functions specified in Your Order solely for operation on the Epiphan Hardware Products for
which such Software has been designed as specified in the Documentation for such Software. If the number
of copies of Software is not specified in Your Order, then the number of copies shall be a reasonable number
of copies. You acknowledge and agree that the ability to use certain Software functions is controlled by a
Licensing Key and that You will not be able to use such functions unless You have paid the applicable fees
charged by Epiphan for the right to use such functions and to receive a Licensing Key to enable such
functions. For functions 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.