enhancements to the Software provided pursuant to any technical support You may procure from Licensor
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. High-Risk Activities:
The Software is not fault-tolerant and is 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 and distributors specifically
disclaim any express or implied representations, warranties and/or conditions for such uses.
11. 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 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 Software and Documentation is further restricted by the terms and
conditions of this Agreement. For the purposes of any applicable government use, the 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.
12. Export Restrictions:
The Software, Documentation and related information are subject to export and
import restrictions. By downloading, installing, or using the Software, 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 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 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 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 Software,
Documentation or related information, and You represent and warrant that You have complied with any such
applicable laws and/or regulations. The 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 Software, Documentation or related information.
13. Intellectual Property:
Epiphan is a trademark or a registered trademark 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
