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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
