Epiphan ESP0909 User manual

User Guide
Epiphan AV.io HD
Release 1.0.13
October 14, 2015
UG107-03
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Copyright © 2015 Epiphan Systems Inc. All Rights Reserved.
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For additional terms and conditions, please refer to additional sections in this document.
Thank you for choosing EpiphanVideo!
At EpiphanVideo, product function and quality are our top priority. We makeevery effort to make sure that our products exceed your expectations.
Product feedback
Your feedback is important! We regularly contact our customers to ensure our products meet your performance and reliability requirements. We strive to continually enhance our products to accommodate your needs. Please let us know how you think we can improve our products by emailing your suggestions to
info@epiphan.com.
Specifications
Go to the USB Video Grabbers page of the EpiphanVideo website to get the most recent product specifications and additional information about AV.io HD.
Warranty
All EpiphanVideo products are provided with a 100% return to depot warranty for one year from the date of purchase.
Technical support
Epiphan’s products are backed by our professional support team. If you are having issues with your product, pleasegather details about your system and contact our team by:
l E-mailing support@epiphan.com
l Live chat via the link on our support site
l Phone toll free at 1-877-599-6581 or call +1 613-599-6581
Be sure to include as much information about your problem as possible, including:
l Problem description •
l Details of the video or audio source (type, resolution, refresh rate, etc.)
l Product serial number
l Your operating system and version number
Copyright © 2015 Epiphan Systems Inc. All Rights Reserved

Firmware 1.0.13 release notes

Firmware 1.0.13 is a modest bug fix release that offers an improved video capture rate as well as a new online format for the AV.io HD user guide.

What's new

This section provides details on the main features in firmware release 1.0.13.
Improved rate adjustment
AV.io HD now offers enhanced video capture in the form of smoothed frame rate adjustment when capturing at a rate (e.g. 30 fps) different from that of the source (e.g. 24 fps).
AV.io HD web help
The AV.io HD user guide is now available in a convenient, searchable web help format! Look for it on Epiphan's AV.io HD product page (http://www.epiphan.com/userguides/avio-hd/).

Limitations and Known Issues

This section includes known issues or limitations that affect functionality or usability and ways that you can work around these limitations.
Affecting all operating systems
l Disconnecting and reconnecting the USB 3.0 cable on an AV.io HD device with an HDMI splitter halts
video capture.
o
Workaround: When possible, avoid this problem by not using a splitter. If a splitter is necessary, disconnect both the USB 3.0 cable and HDMI splitter from the AV.io HD device, then first reconnect the USB 3.0 cable before reconnecting the HDMI cable between AV.IO HD and the splitter.
Affecting Windows
l Windows 7: The AV.io Config tool sometimes fails to display AV.io HD in the device list despite showing
up as an installed device on the computer’s Device Manager, therefore occasionally preventing advanced configuration and firmware updates.
o
Workaround: Use AV.io Config on a different supported OS to configure AV.io HD. Firmware updates and configuration changes are saved to the device. (Note that the AV.io HD device still functions perfectly with the capture application on the original Windows 7 workstation despite possible issues with the AV.io Config tool.)
l Windows 7/8.1: The AV.io Config tool may display the AV.io HD device more than once in the devicelist
possibly causing user confusion.
o
Workaround: Simply press the refresh icon to refresh the devicelist; only one AV.io HD device now displays properly.
l Windows 8.1: Capturing using VLC media player occasionally results in repeated video frames causing
overlapping or teared frames to appear during capture (approximately 2% of the time).
o
Workaround: Avoid capturing on computers running Windows 8.1 or if that is not possible, use different video capture software.
l Windows 8.1/10 (with an ASMedia ADM1042 A USB 3.0 controller only): Video capture fails when the
capture computer recovers from sleep mode, even if capture was stopped prior to sleep mode.
o
Workaround: Simply disconnect and re-connect AV.io HD’s USB 3.0 cable to the capture computer.
l Windows 10 (64-bit): Capturing video with embedded audio using VLC media player or Windows
Camera can result in distorted audio capture.
o
Workaround: Capture on a computer with an OS different from Windows 10 (64-bit) or avoid capturing using VLC and Windows Camera.
Affecting Mac
l It is not possibleto capture from AV.io HD if a webcam is connected when using VLC media player 2.2.1
on a Mac (this is a VLC-specific bug).
o
Workaround: Disconnect the webcam, downgradeto an older version of VLC media player (ex:
2.1) or use a different capture application.
Affecting Ubuntu
l Ubuntu 14.04 LTS: With the exception of the first capture after system reboot, the very first captured
frame is always green.
o
Workaround: Remove the green frame in post-production editing. If streaming the captured video, begin streaming after the initial green frame as already been captured.
l Ubuntu 14.14: Capturing using VLC media player occasionally results in repeated video frames causing
overlapping or teared frames to appear during capture (approximately 2% of the time).
o
Workaround: Avoid capturing on computers running Ubuntu 14.14. If that is not possible, use different video capture software.
Affecting Chromebook
l Google Chrome OS v43.0.2357.125 (64 bit): When using Chromebook Apps Clipchamp and WebRTC,
AV.io HD is not detected as a valid audio device.
o
Workaround: Use Clipchamp and WebRTC for capturing video only, or use a different Chromebook app to capture both video and audio, such as Screencastify or MediaCore Capture.

Table of contents

Thank you for choosing EpiphanVideo! iv
Firmware 1.0.13 release notes v
What's new v
Limitations and Known Issues v
Table of contents vii
Getting started 1
What's In The Box? 1
System requirements 3
Technical specifications 4
Hardware 5
Hardware diagrams 5
Indicator LED details 7
Capture 8
Set up your AV.io HD for capture 9
How AV.io HD works 10
Resolutions, capture rates and aspect ratios 11
Automatic imagescaling & audio resampling 12
Third-party applications 12
Configuration options 13
Input signal resolution 13
Preserve aspect ratio 13
Performance mode 13
Configure settings using AV.io Config tool 15
Update firmware using the AV.io Config tool 17
Software and Documentation License 20
vii
AV.io HD User Guide Getting started

Getting started

Welcome and thank you for buying Epiphan Video’s AV.io HD!
This guide contains all the information necessary to successfully use AV.io HD to quickly and easily capture live video content without any configuration – simply connect the cables and you’re ready to go!
This guide starts off by jumping right into it by showing you how to start capturing video, then we’ll take you through how AV.io HD works, followed with some technical reference material, and we’ll conclude with a walkthrough of some optional video capture configuration.
Let’s get started!

What's In The Box?

Your AV.io HD product contains everything you need to easily capture live video content with minimal setup. Your purchase includes the following:
AV.io HD video grabber Your video capture device!
Connects a video source with a
DVI-to-VGA cable
VGA port to your AV.io HD’s DVI port. This cable is included with your AV.io HD purchase.
1
AV.io HD User Guide What's In The Box?
DVI single link cable (3 feet)
HDMI-to-DVI adapter
USB 3.0 cable (1 meter)
Connects a DVI source to your AV.io HD’s DVI port.
Connects an HDMI source to your AV.io HD’s DVI port
The USB 3.0 cable connects your AV.io HD video grabber with your computer’s USB 3.0 or 2.0 port.
2
AV.io HD User Guide System requirements

System requirements

System requirements are the barebones technical essentials your computer needs to work with AV.io HD. System requirements to use AV.io HD include:
Video source
Video capture workstation
Video capture workstation operating system
Processor frequency Minimum recommended value: 2.4 GHz
RAM Minimum recommended value: 4 GB
Any VESA-compatible VGA, DVI or HDMI source. (AV.io HD cannot capture from an HDCP encrypted source)
Any computer (laptop/desktop/other format) with:
l a compatible USB 3.0 host controller for SuperSpeed
operation; or,
l a USB 2.0 controller
Windows 7, Windows 8.1, Windows 10 Mac OS X 10.10 and up Linux distribution with kernel 3.5.0 or higher
3
AV.io HD User Guide Technical specifications

Technical specifications

Technical specifications for AV.io HD are included in the table below.
Connectors
Input
Audio (HDMI) Input
Audio (UAC) output
Color space YUV 4:2:2
Supported output resolutions
(at 15, 30 or 60 fps capture
rate)
Capture delay
DVI-I (integrated, digital and analog) USB standard B type
HDMI (audio compatible) VGA and DVI
16-bit and 24-bit PCM encoded audio at 32 kHz, 44.1 kHz and 48 kHz sampling rates
16-bit 48 kHz stereo audio sampling rates
640×360 ..........640×480
848×480.......... 960×540
1024×768 ....... 1280×720
1280×1024...... 1600×1200
1920×1080 ......1920×1200
Near-zero latency, although certain third-party applications may contribute to delay
Windows 7, Windows 8.1, Windows
OS support
(32-bit and 64-bit)
USB support USB 3.0 and 2.0
10 Mac OS X 10.10 and up Linux distribution with kernel 3.5.0 or higher
4
AV.io HD User Guide Hardware

Hardware

This section describes the physical features of your AV.io HD, including diagrams and hardware feature descriptions.
Topics covered include:
l Hardware diagrams; and,
l Indicator LED details

Hardware diagrams

Your AV.io HD device includes two inputs and an indicator light.
Inputs and indicator lights are identified and explained in the top and bottom cap view AV.io HD images below. Indicator light details are explained in the proceeding section.
Top cap view:
5
AV.io HD User Guide Hardware diagrams
Bottom cap view:
6
AV.io HD User Guide Indicator LED details

Indicator LED details

The color and action of the indicator LED depends on whether you are connected by USB 3.0 or USB 2.0. For maximum performance, always use a USB 3.0 port and the included USB 3.0 cable. Note that frame capture rate will be reduced when connected via USB 2.0.
If you’re not sure if your controller is USB 3.0 or USB 2.0, plug AV.io HD into the capture computer and look at the indicator LED. Blue is used for USB 3.0 and green is used for USB2.0:
A solid blue LED means USB 3.0 A solid green LED means USB 2.0
Connection type/LED color USB 3.0 connection USB 2.0 connection
Solid red
Blinking red
l Firmware update in
progress
l AV.io HD initializing
Adjustment to VGA input in progress
l Firmware update in
progress
l AV.io HD initializing
Adjustment to VGA input in progress
Solid green USB 2.0 connection active
Blinking green -
Video and/or audio transferring successfully
Solid blue USB 3.0 connection active
Blinking blue
Video and/or audio transferring successfully
-
7
AV.io HD User Guide Capture

Capture

Setting up your AV.io HD device to capture live video content couldn’t be easier!
Before you begin the connection process, you will require:
1. An HDMI, DVI or VGA video source
2. Your AV.io HD device
3. A capture computer, laptop or notebook
4. A USB 3.0 cable (included with purchase) to connect to your AV.io HD to your capture computer
5. A DVI cable, VGA to DVI cable, or HDMI adapter (all three included with purchase) to connect your video source to your AV.io HD
Once you have these things ready to go, you can now begin the simple process of hooking up your AV.io HD so you can start capturing!
8
AV.io HD User Guide Set up your AV.io HD for capture

Set up your AV.io HD for capture

Connecting your AV.io HD to your capture computer is simple and is accomplished in three easy steps.
To connect your AV.io HD for capture:
1. Connect your AV.io HD device to your video source
2. Connect your AV.io HD device to your desktop computer, laptop or notebook
3. Open your favorite third-party application, select AV.io HD from the list of available cameras and start capturing!
And that’s it! No drivers to install and no extensive set-up! Just connect the cables and you’re ready to go!
9
AV.io HD User Guide How AV.io HD works

How AV.io HD works

Once you’re ready to start capturing, you’ll need either a built-in or third-party application to capture video content with AV.io HD.
The application will communicate with AV.io HD and negotiate a frame rate (frequency at which frames in a video sequence are displayed) and frame size (size of a single video frame in pixels). Higher frame rate means smoother video capture while frame size determines the shape of the video output and its degree of crispness.
With the help of AV.io HD, the content from your video source is automatically configured and captured on your computer through your selected application.
10
AV.io HD User Guide Resolutions, capture rates and aspect ratios

Resolutions, capture rates and aspect ratios

The display resolution or display modes of a TV, computer monitor or display device is the number of distinct pixels in each dimension that can be displayed.
AV.io HD generates a list of the following possible resolutions for your capture application to select for output display:
640×360 848×480 1024×768 1280×1024 1920×1080
640×480 960×540 1280×720 1600×1200 1920×1200
Captured video content outputs to your application at 15, 30 or 60 frames per second.
The aspect ratio of an image describes the proportional relationship between its pixel width and height.
AV.io HD outputs resolutions in many commonly supported aspects ratios, color-coded according to table of resolutions above and described in the table below:
Aspect Ratio Common Use
4:3
16:9
16:10 (8:5)
5:4
Standard letterbox TV display and non-widescreen computer displays
Widescreen (HD) TV displays (1080p, 1080i, 720p etc)
Widescreen computer displays
Sometimes used in larger format computer monitors
11
AV.io HD User Guide Automatic imagescaling & audio resampling

Automatic image scaling & audio resampling

If your source content is larger or smaller than the frame size chosen by the application, AV.io HD automatically scales your source to match the desired frame size! No user configuration required!
AV.io HD also automatically performs audio resampling, meaning that no matter the bit depth or frequency of audio through an HDMI audio source, AV.io HD automatically resamples your audio so that your application gets a consistent audio sample rate and bit depth, even if you change the video source!

Third-party applications

AV.io HD uses pre-installed drivers on your OS (called UVC drivers) to communicate with a third-party application and capture content. Due to AV.io HD's use of UVC technology, there is no need for driver installation. Just like a webcam, your AV.io HD device is immediately recognized as a capture camera device and can be used to capturecontent via any UVC-compatible third-party application.
Third-party applications that work with AV.io HD include, but arenot limited to:
Zero-install applications (included with your OS)
Skype
(with Windows 8.1)
Popular applications available for download
Skype
Windows Camera app
(with Windows 8.1)
Wirecast
Quicktime
(with Mac OS X)
Quicktime
Adobe FMLE VLC media player
12
AV.io HD User Guide Configuration options

Configuration options

Your AV.io HD device is ready to use right out of the box; however, there is support for additional configuration should you need it. Changes can be made to your AV.io HD’s default settings and firmware updates can be applied via Epiphan’s AV.io Config tool.
Detailed instructions on how to use AV.io Config can be found using the links below:
l How to change configuration settings using AV.io Config
l How to update firmware using AV.io Config
The AV.io Config tool allows you to change several settings to make changes to your video capture experience if necessary. Most user’s won’t need to use this utility for anything other than firmware updates, but advanced users may find these tweaks help them get the most out of their AV.io HD.
These settings include: input signal resolution, aspect ratio preservation and performance mode .

Input signal resolution

When enabled, your AV.io HD adds the exact resolution of your input signal to the list of supported output resolutions. This is the only way to enable 1:1 capture for special frame sizes. However it is important to note that the captureresolution as dictated by the third-party application will override any AV.io HD custom capture settings. Also note that in selecting this mode, any change in input signal (programmatic or by connecting a different input) causes AV.io HD to renegotiate its resolution with the application. This can cause an interruption in the captured stream.

Preserve aspect ratio

When enabled, your AV.io HD preserves the aspect ratio of your input signal by adding black bars to the sides or top and bottom of the frame if the application using the signal requests a frame size with a different aspect ratio. For example, with this option enabled, a 4:3 input signal gets black bars added to the sides of the image when viewed in an application that requests a 16:9 aspect ratio. With this option disabled, the 4:3 image is instead stretched to fit the full 16:9 size.

Performance mode

When enabled, your AV.io HD enters and exits system suspend mode (i.e. sleep) faster by disabling support for the Suspend/U3 USB power state. This means AV.io HD starts working again faster after your computer
13
AV.io HD User Guide Performance mode
wakes from a system suspend state, at the cost of increased power consumption. Disabling this setting is ideal in situations where power consumption needs to be monitored, such as battery preservation in laptops.
Now that you've learned what these settings do, you may want to read-up on how to use the AV.io Config tool to make configuration changes and update firmware:
14
AV.io HD User Guide Configure settings using AV.io Config tool

Configure settings using AV.io Config tool

Epiphan’s AV.io Config tool allows a more advanced user the ability to change several settings to their video capture experience. The settings that can be changed include: Re-numerate input signal resolution, aspect ratio preservation and performance mode.
To change the configurable settings with the AV.io Config tool:
1. Connect your AV.io HD device to your computer, laptop or notebook.
2. Download the AV.io Config tool from the AV.io Drivers section of Epiphan’s web site (if you haven’t already done so).
http://www.epiphan.com/support/avio-hd-drivers-documentation/
3. Open the AV.io Config tool.
4. Select your AV.io HD device from the list under the Devices heading.
If your AV.io HD device is not displayed, press the Refresh icon to refresh the list of connected devices.
15
AV.io HD User Guide Configure settings using AV.io Config tool
5. Click the Settings tab; the settings page appears.
6. Enable or disable the individual settings by clicking each checkbox acco
16
AV.io HD User Guide Update firmware using the AV.io Config tool

Update firmware using the AV.io Config tool

From time-to-time Epiphan Video releases firmware updates for our video grabbers. If you register your product and agreeto be notified of product updates, you’ll receive an email when there is an AV.io HD update available for download.
Attempting to update firmware while running virtual machines will result in firmwareupgrade failure.
To update firmware using the AV.io Config tool:
1. Download the firmware update file from the Epiphan website, as described in your firmware update notification email.
2. Connect your AV.io HD device to your computer, laptop or notebook.
3. Download the AV.io Config tool from the AV.io Drivers section of Epiphan’s web site (if you haven’t already done so).
http://www.epiphan.com/support/avio-hd-drivers-documentation/
4. Open the AV.io Config tool.
5. Select your AV.io HD device from the list under the Devices heading.
17
AV.io HD User Guide Update firmware using the AV.io Config tool
If your AV.io HD device is not displayed, press the Refresh icon to refresh the list of connected devices.
6. Click the Firmware tab.
7. Click the folder icon to navigate to the saved location of the firmware, and click Update to update your AV.io HD device to the selected firmware. An update bar will appear which will display the progress of the update.
Do not disconnect your AV.io HD at any point during the update process! Doing so may cause irrevocable errors and/or permanently damage the device.
8. When the update is finished the progress bar will turn green and display “Update Completed”. You may now safely disconnect your AV.io HD if needed.
18
AV.io HD User Guide Update firmware using the AV.io Config tool
When updating firmware on a Mac, the “Update Completed” text will not be displayed. The firmware upgrade is complete when the progress bar fills the width of the AV.io Config window and the window contents are no longer greyed out.
19

Software and Documentation License

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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 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.
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5. Disclaimer of Warranties: Licensor does not make any representations or provide any warranties or conditions in respect to the Software. EXCEPT FOR ANY WARRANTIES THAT MAY BE PROVIDED IN ANY
COMMERCIAL AGREEMENT BETWEEN YOU AND LICENSOR, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND. WITHOUT LIMITATION, LICENSOR AND ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS AND DISTRIBUTORS DISCLAIM ANY EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, AND/OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, DURABILITY, TITLE, SATISFACTORY QUALITY, 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, THE ENTIRE RISK OF THE USE OF THE SOFTWARE AND DOCUMENTATION SHALL BE BORNE BY YOU. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY COMMERCIAL AGREEMENT, NEITHER LICENSOR NOR ANY OF ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS MAKE ANY REPRESENTATIONS OR PROVIDE ANY CONDITIONS AND/OR WARRANTIES ABOUT THE SUITABILITY OF THE SOFTWARE AND/OR DOCUMENTATION OR ABOUT ANY INFORMATION AND/OR DATA THAT MAY BE PROCESSED BY OR MADE AVAILABLE USING THE SOFTWARE.
6. LIMITATION OF LIABILITY: NEITHER LICENSOR NOR ANY OF ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS 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 SOFTWARE OR DOCUMENTATION, OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR (INCLUDING ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR DISTRIBUTORS) IN RELATION TO THE 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 INTERUPTION, 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 LICENSORS, SUPPLIERS, SUBCONTRACTORS AND DISTRIBUTORS) HAS 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 LICENSORS, SUPPLIERS, SUBCONTRACTORS AND DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES ARISING FROM THIS AGREEMENT, RELATING TO THE SOFTWARE, DOCUMENTATION AND/OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR (INCLUDING ITS LICENSORS, SUPPLIERS, SUBCONTRACTORS AND DISTRIBUTORS) IN RELATION TO THE SOFTWARE AND/OR DOCUMENTATION, EXCEED THE LICENSE FEES PAID BY YOU FOR THE 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 LICENSORS OR SUPPLIERS 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. In addition to this Section, the Sections entitled Definitions, Disclaimer of Warranties, Limitation of Liability, Title, 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 affect any obligations You may have to pay any outstanding amounts owing to Licensor. Upon any termination by Licensor, 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. Use of any updates or
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 releaseof 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 Softwareand 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 arealso 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
otherwise provide to any third party any portion of the Software, except as expressly permitted in this Agreement.
14. 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 timewithout 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 Software, Documentation or any services provided in respect to the 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 Software or any services provided in respect to the Software. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
March 28, 2014
Environmental Information
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.
FCC & CE Compliance Statement
This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:
1. This device may not cause harmful interference
2. 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 areprovided 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.
Miscellaneous
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 © 2015 Epiphan Systems Inc.
All Rights Reserved.
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