Terms and Conditions

 

General

Epiphan maintains this website as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEBSITE.

Terms and Conditions of Quotation or Sale

All quotations made and sales agreements entered into by Epiphan with a buyer are subject to these terms and conditions. Epiphan’s agreement to sell or otherwise deliver any products to buyer shall not be deemed or construed to be an acceptance of any of buyer’s terms and conditions nor a waiver of any term set forth herein. Unless Epiphan and buyer enter into a separate written agreement, formally executed by seller and specifically waiving the terms set forth herein, the purchase of any products by buyer shall be deemed acceptance of these terms. No provisions in any documentation employed by or on behalf of buyer in connection with these terms, regardless of the date of such documentation will affect these terms, even if such documents is accepted by Epiphan, with such provisions being deemed deleted. Epiphan advises buyers to become familiar with these terms and conditions in advance of purchasing any products.

Copyright and Trademark Information

Copyright © 1999-2016 Epiphan Systems Inc. All rights reserved.

This website, and the information which it contains, including but not limited to the text and images as well as Epiphan Systems Inc’s trademarks, trade names and logos are the property of Epiphan and its affiliates and licensors, and are protected from unauthorized copying and dissemination by Canadian copyright law, United States copyright law, trademark law, international conventions and other intellectual property laws.

Epiphan, Epiphan Video, Epiphan Systems, its products names and logos are tradenames or trademarks of Epiphan Systems Inc. All other company, interface and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Product descriptions and specifications regarding the products in this document are subject to change without notice.

Use of Epiphan Website and Its Content

The information contained in this web site is for general guidance on topics selected by Epiphan. Such information is provided on an “as is” basis, without any knowledge as to your industry, identity or specific circumstances. There may also be delays, omissions, or inaccuracies in information contained on this web site.

Epiphan may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Epiphan authorizes you to view, copy, download, and print Epiphan documents (such as white papers, press releases, data sheets, and FAQs) that are available on this web site, subject to the following conditions:

1. The documents may be used solely for noncommercial, informational purposes.

2. The documents may not be modified.

3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any documents displayed on this web site, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Epiphan.

The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. Epiphan reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

Information that Epiphan publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Epiphan intends to announce or make available such products or services to the general public, or in your country. Consult your Epiphan account representative to determine which products and services may be available to you.

No Warranties

INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, EPIPHAN DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE
OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S)

THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EPIPHAN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

Product descriptions and specifications are subject to change. Epiphan periodically adds or updates the information and documents on this web site without notice. It is the user’s responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EPIPHAN BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF EPIPHAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EPIPHAN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO EPIPHAN DURING THE MOST RECENT THREE-MONTH PERIOD IN CONNECTION WITH AMOUNTS WHICH YOU PAID FOR USING THIS WEBSITE.

Third Parties and Links to Third-Party Web Sites

Mention of non-Epiphan Systems Inc. products or services on this site is for informational purposes and does not constitute an endorsement or recommendation.

This web site may contain links to non-Epiphan web sites. These links are provided to you as a convenience, and Epiphan is not responsible for the content of any linked web site. Any outside web site accessed from the Epiphan web site is independent from Epiphan, and Epiphan has no control over the content of that web site. In addition, a link to any non-Epiphan web site does not imply that Epiphan endorses or accepts any responsibility for the content or use of such a web site.

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Epiphan of that third party or of any product or service provided by a third party.

Other Jurisdictional Issues

Epiphan makes no representation that information on this website is appropriate or available for use in your jurisdiction. Those who choose to access this website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to Epiphan and Affiliated Servers

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Epiphan through this web site is the exclusive property of Epiphan. Epiphan is entitled to use any information submitted for any purpose, without restriction (except as stated in Epiphan’s Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Epiphan and accepts responsibility for its accuracy, appropriateness, and legality.

Enforcement of Terms and Conditions

These Terms and Conditions are governed and interpreted pursuant to the laws of the province of Ontario, Canada, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Ottawa, Ontario, Canada. under the commercial arbitration rules of the Canada. The parties shall appoint as sole arbitrator a retired judge who presided in the province of Ontario. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Epiphan shall be entitled to seek injunctive relief,
security, or other equitable remedies from any court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Epiphan may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Epiphan, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact Epiphan.