Epiphan Pearl Mini Live Video Production System with 512GB SSD (NA/JP) - Manual (Page 452)

BETA DRAFT - 441
Software license
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.
Software License
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