Terms of Use
Use of Epygi Materials
Epygi developed and owns all of the materials appearing on this website and all
copyrights and other intellectual property rights therein (the "Epygi Materials").
The Epygi Materials are made available solely for use in connection with the evaluation and
operation of Epygi products including Quadro, QCM, QCC, EMS, SMR, Outlook © Click to Dial.
Any other use of the Epygi Materials requires Epygi's prior written consent.
Compliance with Laws
You may not use the Epygi Materials for any illegal
purpose or in any manner that violates applicable domestic or foreign law. You
are responsible for compliance with all domestic and foreign laws governing
Voice over Internet Protocol (VoIP) calls.
Use of Linked Sites
Epygi has provided links from its website to other sites on the internet (the "Linked
Sites") solely as a convenience for the User. Epygi does not endorse or control the
Linked Sites, is not responsible for their content and has no association with the owners or
operators of such sites. User agrees that any use of the Linked Sites is made
at its own risk and that Epygi shall have no liability for any loss arising
from the use of such sites.
Emergency 911 Calls
YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 911 CALLS MAY NOT FUNCTION WHEN USING QUADRO AND
THAT EPYGI TECHNOLOGIES LTD. OR ANY OF AFFILIATES, AGENTS, SUBSIDIARIES, PARTNERS OR
EMPLOYEES ARE NOT LIABLE FOR SUCH CALLS.
EPYGI TECHNOLOGIES, LTD. Software License Agreement
THIS IS A CONTRACT. CAREFULLY READ ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
USE OF THE EPYGI QUADRO HARDWARE AND SOFTWARE, QCM, QCC, EMS, 3PCC, SMR AND OUTLOOK ©
CLICK TO DIAL SOFTWARE PROGRAMS ("EPYGI HARDWARE AND PROGRAMS") INDICATES YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, SIMPLY DO NOT
USE THE SOFTWARE.
1. License.
Epygi Technologies, Ltd. (the "Licensor"), hereby grants to you a
non-exclusive right to use the Epygi Hardware And Programs, the documentation
and such revisions for the software, hardware and documentation as the Licensor
may make available to you from time to time (collectively, the "Licensed
Materials"). You may not use, copy, modify or transfer the Licensed Materials,
in whole or in part, except as expressly provided for by this Agreement.
2. Ownership.
By paying the purchase price for the Licensed Materials, you are entitled to
use the Licensed Materials according to the terms of this Agreement. The
Licensor, however, retains sole and exclusive title to, and ownership of, the
Licensed Materials, regardless of the form or media in or on which the original
Licensed Materials and other copies may exist. You acknowledge that the
Licensed Materials are not your property and understand that any and all use
and/or transfer of the Licensed Materials is subject to the terms of this
Agreement.
3. Term.
This license is effective until terminated. This license will terminate if you
fail to comply with any terms or conditions of this Agreement or you transfer
possession of the Licensed Materials to a third party in violation of this
Agreement. You agree that upon such termination, you will return the Licensed
Materials to the Licensor, at its request.
4. No Unauthorized Copying or Modification.
The Licensed Materials are
copyrighted and contain proprietary information and trade secrets of the
Licensor. Unauthorized copying, modification or reproduction of the Licensed
Materials is expressly forbidden. Further, you may not reverse engineer,
decompile, disassemble or electronically transfer the Licensed Materials, or
translate the Licensed Materials into another language.
5. Transfer.
You may sell your license rights in the Licensed Materials to another party that
also acquires your Quadro hardware. If you sell your license rights in the
Licensed Materials you must at the same time transfer the documentation to the
acquirer. Also, you cannot sell your license rights in the Licensed Materials
to another party unless that party also agrees to the terms and conditions of
this Agreement. Except as expressly permitted by this section, you may not
transfer the Licensed Materials to a third party.
6. Protection And Security.
Except as permitted under Section 5 of this Agreement, you agree not to deliver or
otherwise make available the Licensed Materials or any part thereof to any person other
than the Licensor or its employees, without the prior written consent of the Licensor.
You agree to use your best efforts and take all reasonable steps to safeguard the Licensed
Materials to ensure that no unauthorized person shall have access thereto and
that no unauthorized copy, publication, disclosure or distribution thereof, in
whole or in part, in any form, shall be made.
7. WARRANTY.
THE LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. THE LICENSOR
MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE LICENSED MATERIALS ARE, OR WILL
BE, FREE FROM ERRORS, DEFECTS, OMISSIONS, INACCURACIES, FAILURES, DELAYS OR
INTERRUPTIONS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR
COMPLETENESS OF RESPONSES, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE LICENSED MATERIALS
REMAINS WITH YOU.
8. LIMITATION OF LIABILITY AND REMEDIES.
IN NO EVENT SHALL THE LICENSOR OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF
DATA, LOSS OF PHONE CALLS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE
OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF THE LICENSOR OR SUCH OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR
EXCLUSIVE REMEDIES, AND THE LICENSOR'S OR SUCH OTHER PARTY'S ENTIRE LIABILITY
WITH RESPECT TO THE LICENSED MATERIALS, SHALL BE AS SET FORTH HEREIN, AND IN NO
EVENT SHALL THE LICENSOR'S OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR
LOSS TO YOU OR EXCEED THE LICENSE FEE PAID FOR THE LICENSE MATERIALS.
The foregoing limitation, exclusion and disclaimers apply
to the maximum extent permitted by applicable law.
9. Compliance With Laws.
You may not use the Licensed Materials for any illegal purpose or in any manner that violates
applicable domestic or foreign law. You are responsible for compliance with all domestic and
foreign laws governing Voice over Internet Protocol (VoIP) calls.
10. Export Control Laws.
The Licensed Materials are controlled by the export laws and regulations of the
United States as they may be amended from time to time. You are responsible for full compliance
with these laws as applicable.
11. Entire Agreement.
It is understood that this Agreement constitutes the complete
and exclusive agreement between you and the Licensor and supersede any proposal
or prior agreement or license, oral or written, and any other communications
related to the subject matter hereof. If one or more of the provisions of this
Agreement is found to be illegal or unenforceable, this Agreement shall not be
rendered inoperative but the remaining provisions shall continue in full force and effect.
12. No Waiver.
Failure by either you or the Licensor to enforce any of the provisions of this
Agreement or any rights with respect hereto shall in no way be considered to be
a waiver of such provisions or rights, or to in any way affect the validity of
this Agreement. If one or more of the provisions contained in this Agreement
are found to be invalid or unenforceable in any respect, the validity and
enforceability of the remaining provisions shall not be affected.
13. Governing Law.
This Agreement shall be governed by and constructed in accordance with the laws of the state
of Texas, without regard to choice of law provisions that would cause the application of
the law of another jurisdiction.
14. Attorneys' Fees.
In the event of any litigation or other dispute arising as a result
of or by reason of this Agreement, the prevailing party in any such litigation
or other dispute shall be entitled to, in addition to any other damages
assessed, its reasonable attorneys' fees, and all other costs and expenses
incurred in connection with settling or resolving such dispute.
If you have any questions about this Agreement, please write to
Epygi Technologies, Ltd.
1400 Preston Road
Suite 300
Plano, Texas 75093
or call Epygi at 972-692-1166.
www.epygi.com
Quadro, Copyright © 2003-2014 EPYGI Technologies, Ltd.
Certain software utilized in the Quadro is
free software in its original form or in its modified form. Both types of free
software are available to you free of charge for redistribution or modification
under certain conditions. Permission is granted to copy, distribute and
or/modify any free software you wish to download, whether in its original or
modified forms, under the GNU General Public License or Free Documentation
License, Version 1.1 or any later version published by the Free Software Foundation.
BECAUSE THE FREE SOFTWARE IS LICENSED FREE OF CHARGE, THERE IS ABSOLUTELY NO WARRANTY.
Please make sure you download the
GNU licensing information that dictates the use of the free software by clicking
here.
For a list of free software, please click here.