EPESP0909 User's Guide

Software and documentation license
ATTENTION: THESOFTWAREAND DOCUMENTATION PROVIDED UNDERTHISAGREEMENTAREBEING
LICENSED TO YOU BYEPIPHAN SYSTEMSINC. (“LICENSOR”) AND ARENOTBEING SOLD. THISAGREEMENT
CONTAINSLIMITATIONSON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES
THAT AREAPPLICABLETO THESOFTWAREAND DOCUMENTATION.
Epiphan Systems Inc. Software License
IMPORTANT: BEFOREDOWNLOADING, INSTALLING, ORUSING THESOFTWAREAND DOCUMENTATION,
PLEASECAREFULLYREAD THISAGREEMENT WHICH CONTAINSTHETERMSAND CONDITIONSUNDERWHICH
YOU AREACQUIRING A LICENSETO USETHESOFTWAREAND DOCUMENTATION. IFYOU DO NOTACCEPT
THETERMSAND CONDITIONSOFTHISAGREEMENTPLEASEDO NOTDOWNLOAD, INSTALL, ORUSETHE
SOFTWAREAND DOCUMENTATION AND PROMPTLYRETURN ORDESTROYTHESOFTWAREAND
DOCUMENTATION. IF YOU DOWNLOAD, INSTALL, ORUSETHESOFTWAREAND/ORDOCUMENTATION, YOU
WILL HAVEACCEPTED AND AGREED TO THESETERMSAND CONDITIONS. THESOFTWAREAND
DOCUMENTATION AREALSO PROTECTED BYCOPYRIGHT LAWSAND INTERNATIONAL COPYRIGHTTREATIES,
ASWELL ASOTHERINTELLECTUAL PROPERTYLAWS. IFYOU AREAN AGENT OREMPLOYEEOFAN ENTITY,
YOU REPRESENT AND WARRANT THAT(I) THEINDIVIDUAL ACCEPTING THISAGREEMENT ISDULY
AUTHORIZED TO ACCEPTTHISAGREEMENTON SUCH ENTITY’SBEHALFAND TO BIND SUCH ENTITY, AND (II)
SUCH ENTITYHASFULL POWER, CORPORATEOROTHERWISE, TO ENTERINTO THISAGREEMENT AND
PERFORM ITSOBLIGATIONSUNDERTHISAGREEMENT.
1. Definitions: In this Agreement:
“Agreement” means this Epiphan Software License;
“Documentation” means the technical publications delivered to You with the Software relating to the
installation and operation of the Software, such as reference, user, installation and technical guides and
release notes;
“Epiphan” means Epiphan Systems Inc.;
“Software” means the Licensor binary and/or bytecode software programs that (i) are made available to You
for download after acceptance of this Agreement, (ii) are packaged with this Agreement, or (iii) pre-installed on
Epiphan products, or (iv) embed this Agreement in their installer(s) and which are installed after acceptance of
this Agreement, and which binary and/or bytecode software programs include any Documentation; and
“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.
2. Grant of Software License: Subject to the terms and conditions of this Agreement, Licensor grants You a
non-exclusive,non-transferable,non-sublicensable, internal license to use a reasonable number of copies of
the Software. 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.