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.
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, HARDWARE 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 Systems Inc. Software License;
"API" means an application programming interface;
"Documentation" means the technical publications delivered to You with the Software relating to the installation and operation of the Software and/or Hardware, such as reference, user, installation and technical guides and release notes;
"Epiphan" means Epiphan Systems Inc;
"Epiphan Hardware Product" means an Epiphan hardware product (including enclosure and mechanical parts, circuitry and electrical and electronic components contained therein) purchased by You, which is intended to be used in conjunction with the licensed Software and Documentation;
"License Key" means a series of computer-generated characters used for the purpose of controlling the operation of Epiphan Hardware Products and/or related Software;
"Software" means the Licensor binary and/or bytecode software and/or firmware programs that are (i) specified in Your Order or that are included with or in the Epiphan Hardware Products specified in Your Order, (ii) are made available to You for download after acceptance of this Agreement, (iii) are packaged with this Agreement, (iv) pre-installed on Epiphan Hardware Products, (v) embed this Agreement in their installer(s) and 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.
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 ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS MAKE ANY REPRESENTATIONS OR PROVIDE ANY CONDITIONS AND/OR WARRANTIES ABOUT THE SUITABILITY OF THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE, SERVICES AND/OR DOCUMENTATION. NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS MAKE ANY REPRESENTATIONS OR PROVIDE ANY CONDITIONS AND/OR WARRANTIES WHATSOEVER ABOUT ANY INFORMATION AND/OR DATA THAT MAY BE PROCESSED BY OR MADE AVAILABLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE OR ABOUT ANY THIRD-PARTY SERVICE THAT MAY BE ACCESSIBLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE.
6. LIMITATION OF LIABILITY: NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY OF ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS AGREEMENT, RELATING TO THE HARDWARE, SOFTWARE OR DOCUMENTATION, OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS) IN RELATION TO THE EPIPHAN HARDWARE PRODUCTS, SERVICES, SOFTWARE AND/OR DOCUMENTATION FOR ANY INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS AGREEMENT, RELATING TO THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE, DOCUMENTATION AND/OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS) IN RELATION TO THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE AND/OR DOCUMENTATION, EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, NEITHER LICENSOR NOR ANY OF ITS AFFILIATES OR ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY WHATSOEVER IN RESPECT TO ANY DIRECT, INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING FROM OR RELATING TO ANY INFORMATION AND/OR DATA THAT MAY BE PROCESSED BY OR MADE AVAILABLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE OR ARISING FROM OR RELATING TO ANY THIRD-PARTY SERVICE THAT MAY BE ACCESSIBLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER LICENSOR NOR ANY OF ITS AFFILIATES OR ITS OR THEIR LICENSORS, SUPPLIERS, RESELLERS OR DISTRIBUTORS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT.
7. Term and Termination: This Agreement shall continue for as long as You use the Software, however, it may be terminated sooner as provided in this Section 7. You may terminate this Agreement by destroying all copies of the Software and Documentation under Your control and providing certification of such destruction to Licensor or by returning the Software to Licensor. Licensor may terminate this Agreement immediately by providing You with written notice if: (a) You are in material breach of any provision of this Agreement, which breach, if capable of being cured, is not cured within thirty (30) days after Licensor gives You written notice thereof; or (b) You have committed a non-curable material breach of this Agreement. Upon termination You shall destroy all copies of the Software and Documentation. In addition to this Section, the Sections entitled Definitions, Disclaimer of Warranties, Limitation of Liability, Title, Indemnities, High-Risk Activities, Intellectual Property, and General shall continue in force even after any termination of this Agreement. No termination of this Agreement will entitle You to a refund of any amounts paid by You to Licensor or any reseller or distributor or affect any obligations You may have to pay any outstanding amounts owing to Licensor or any reseller or distributor. Upon any termination of this Agreement, Your license to the Software and Documentation will terminate and You shall destroy all copies of the Software and Documentation under Your control and certify such destruction to Licensor.
8. Support and Updates: This Agreement does not grant You the right to any updates or enhancements of the Software or the right to receive any technical support for the Software. Such updates and other technical support services, if available, may be purchased separately from Licensor or one of Licensor’s resellers or distributors. Use of any updates or enhancements to the Software provided pursuant to any technical support You may procure from Licensor or one of Licensor’s resellers or distributors shall be governed by the terms and conditions of this Agreement. Licensor reserves the right at any time not to release or to discontinue the release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
9. Title: All right, title, and interest (including all intellectual property rights) in, to, and under the Software (including all copies thereof) shall remain with Licensor and its licensors.
10. Indemnities: You shall indemnify, defend and hold Licensor, its affiliates, its and their licensors, suppliers, subcontractors, resellers and/or distributors and all of the directors, officers, employees of all of the foregoing (collectively the “Indemnified Parties”) harmless from and against any damages, losses, liabilities, expenses, costs, claims, demands, actions, suits and/or proceedings incurred by the Indemnified Parties as a result of (i) Your use of the Epiphan Hardware Products, Software and/or Documentation, (ii) any use of the Epiphan Hardware Products, Software and/or Documentation on Your behalf, (iii) the use of the Epiphan Hardware Products, Software and/or Documentation by anyone to whom You give the Epiphan Hardware Products, Software and/or Documentation, and/or (iv) the use of the Epiphan Hardware Products, Software and/or Documentation on behalf of anyone to whom You give the Epiphan Hardware Products, Software and/or Documentation, including, without limitation, in all of the foregoing cases, any damages, losses, liabilities, expenses, costs, claims, demands, actions, suits and/or proceedings arising from or relating to any information and/or data that may be processed by or made available using any Epiphan Hardware Product and/or Software or arising from or relating to any Third-Party Service that may be accessible using any Epiphan Hardware Product and/or Software (collectively, each matter falling within any of the foregoing, a “Claim”), including, without limitation, indemnifying, defending and holding the Indemnified Parties harmless from and against any settlements agreed by You in connection with any Claims and/or any damages, costs or other amounts (including reasonable attorneys' fees) awarded to a third party against any of the Indemnified Parties by a court or tribunal of competent jurisdiction in respect to any Claim. If You do not timely defend against or resist a Claim after notice from Licensor, Licensor shall be entitled to investigate, defend, compromise, settle, or otherwise dispose of the Claim, and incur costs in connection therewith, at Your expense, in such manner as Licensor deems in its best interests until a reasonable time after You comply with its obligations under this Section 10. You shall not enter into a settlement of any Claim without the Licensor’s written consent unless such settlement is solely for monetary payment by You and contains an express, complete, unconditional release of all of the Indemnified Parties and which does not impose any obligations or restrictions on any of the Indemnified Parties.
11. High-Risk Activities: The Software and Epiphan Hardware Products are not fault-tolerant and are not designed, manufactured or intended for use in or in conjunction with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation systems, air traffic control, or direct life support machines. Licensor, its licensors, suppliers, subcontractors, resellers and distributors specifically disclaim any express or implied representations, warranties and/or conditions for such uses.
12. U.S. Government End-Users: The Software and Documentation are each a "commercial item" as that term is defined at FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are defined in FAR 12.212, and are provided to the U.S. Government only as commercial end items. Government end users acquire the rights set out in this Agreement for the Software, Epiphan Hardware Products and Documentation consistent with: (i) for acquisition by or on behalf of civilian agencies, the terms set forth in FAR12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, the terms set forth in DFARS 227.7202. Use of the Epiphan Hardware Products, Software and Documentation is further restricted by the terms and conditions of this Agreement and the applicable commercial purchase agreement for the Epiphan Hardware Products. For the purposes of any applicable government use, the Epiphan Hardware Products, Software and Documentation were developed exclusively at private expense, and are trade secrets of Epiphan Systems Inc. for the purpose of any Freedom of Information legislation or any other disclosure statute, regulation or provision.
13. Export Restrictions: The Epiphan Hardware Products, Software, Documentation and related information are subject to export and import restrictions. By downloading, installing, or using the Software, Epiphan Hardware Products, Documentation and/or related information, You are representing and warranting that You are not located in, are not under the control of, and are not a national or resident of any country to which the export of the Epiphan Hardware Products, Software, Documentation and/or related information would be prohibited by the laws and/or regulations of Canada or the United States. You are also representing and warranting that You are not an individual to whom the export of the Epiphan Hardware Products, Software, Documentation or related information would be prohibited by the laws and/or regulations of Canada or the United States. You shall comply with the export laws and regulations of Canada and the United States that are applicable to the Epiphan Hardware Products, Software, Documentation and related information and You shall also comply with any local laws and/or regulations in Your jurisdiction that may impact Your right to export, import, or use the Epiphan Hardware Products, Software, Documentation or related information, and You represent and warrant that You have complied with any such applicable laws and/or regulations. The Epiphan Hardware Products, Software, Documentation and related information shall not be used for any purposes prohibited by export laws and/or regulations, including, without limitation, nuclear, chemical, or biological weapons proliferation. You shall be responsible for procuring all required permissions for any subsequent export, import, or use of the Epiphan Hardware Products, Software, Documentation or related information.
14. Intellectual Property: Epiphan, Epiphan Systems and Epiphan Video are tradenames, trademarks or registered trademarks of Epiphan Systems Inc. in certain countries. All Licensor product names and logos are trademarks or registered trademarks of Epiphan Systems Inc. in certain countries. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. You shall not disclose, transfer or otherwise provide to any third party any portion of the Software, except as expressly permitted in this Agreement.
15. General: This Agreement is the entire agreement between You and Licensor in respect to the Software, superseding any other agreements or discussions, oral or written. The terms and conditions of this Agreement shall prevail over any pre-printed terms on any quotes, orders, purchase orders, or purchase order acknowledgements, and shall prevail over any other communications between the parties in relation to the Software. You may not assign this Agreement whether voluntarily, by operation of law, or otherwise without Licensor's prior written consent. Licensor may assign this Agreement at any time without notice. The failure of a party to claim a breach of any term of this Agreement shall not constitute a waiver of such breach or the right of such party to enforce any subsequent breach of such term. If any provision of this Agreement is held to be unenforceable or illegal, such decision shall not affect the validity or enforceability of such provisions under other circumstances or the remaining provisions of this Agreement and such remaining provisions shall be reformed only to the extent necessary to make them enforceable under such circumstances. This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. No choice or conflict of laws rules of any jurisdiction shall apply to this Agreement. You shall only be entitled to bring any action or proceeding arising out of or relating to this Agreement, the Epiphan Hardware Products, Software, Documentation or any services provided in respect to the Epiphan Hardware Products, Software and/or Documentation in a court in Ottawa, Ontario, Canada, and You consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that You may have or that may hereafter arise to contest the jurisdiction of such courts for any action or proceeding brought by You. You hereby waive any right You may have to request a jury trial with respect to any action brought by You in connection with this Agreement, the Epiphan Hardware Products or Software or any services provided in respect to the Epiphan Hardware Products or Software. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
October 6, 2016
© 2006-2016. Epiphan Systems Inc. All Rights Reserved.
The equipment that you bought has required the extraction and use of natural resources for its production. It may contain hazardous substances that could impact health and the environment. In order to avoid the dissemination of those substances in our environment and to diminish the pressure on the natural resources, we encourage you to use the appropriate take-back systems. Those systems will reuse or recycle most of the materials of your end life equipment in a sound way. The crossed-out wheeled bin symbol invites you to use those systems. If you need more information about collection, reuse and recycling systems, please contact your local or regional waste administration. You can also contact us for more information on the environmental performance of our products.
Important Safety Warnings
WARNING: This product has no user-serviceable parts and the battery used in this device is not replaceable. Do not attempt to disassemble. Return the device for service.
CAUTION, RISK OF ELECTRIC SHOCK: This device may have multiple AC power cords installed. All power sources shall be disconnected before servicing to avoid shock hazard.
ATTENTION: Cet appareil ne contient aucun composant pouvant être entretenu ou réparé par l'utilisateur. En cas de panne, retourner l'appareil pour réparation.
ATTENTION, RISQUE DE CHOC ÉLECTRIQUE: Cet appareil peut être équipé de multiples cordons d'alimentation en courant alternatif. Pour placer cet appareil hors tension, débrancher tous les cordons d'alimentation sans exception.
FCC & CE Compliance Statement
This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:
This device may not cause harmful interference
This device must accept any interference received, including interference that may cause undesired operation.
Marking by the symbol indicates compliance of this device with EMC directive of the European Community and meets or exceeds the following technical standard.
EN 55022 - Limits and Methods of Measurement of Radio Interference Characteristics of Information Technology Equipment.
Other Jurisdictional Issues
Epiphan makes no representation that its products or information in this document or its web site is appropriate or available for use in your jurisdiction. Those who choose to access the Epiphan web site or use Epiphan products 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 their Epiphan 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.
Third Parties and Links to Third-Party Web Sites
Mention of non-Epiphan Systems Inc. products or services on their website, or this document site is for informational purposes and does not constitute an endorsement or recommendation.
This document 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.
It is the user's responsibility to ascertain whether any information downloaded from the Epiphan web site or other websites is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.
Enforcement of Terms and Conditions
These Terms and Conditions for use of this document and the associated Epiphan Product 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.
Copyright © 2017 Epiphan Systems Inc.
All Rights Reserved.