QX50/QX200/QX2000; (SW Version 6.0.x)
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QX50/QX200/QX2000 Manual III: Extension User’s Guide
Appendix: Software License Agreement
EPYGI TECHNOLOGIES, LTD.
Software License Agreement
THIS IS A CONTRACT
.
CAREFULLY READ ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. USE OF
THE QUADRO HARDWARE AND OPERATIONAL SOFTWARE PROGRAM INDICATES YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, YOU MAY NOT USE THE HARDWARE OR SOFTWARE.
1.
License.
Epygi Technologies, LTD. (the "Licensor"), hereby grants to you a non-exclusive right to use the Quadro or QX Operational Software
program, the documentation for the software and such revisions for the software and documentation as the Licensor may make available to you from
time to time (collectively, the "Licensed Materials"). You may use the Licensed Materials only in connection with your operation of your Quadro or
QX. 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 the 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 under
penalty of law.
5.
Transfer.
You may sell your license rights in the Licensed Materials to another party that also acquires your Quadro or QX product. 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.
Limited Warranty.
The only warranty the Licensor makes to you in connection with this license is that the media on which the Licensed Materials
are recorded will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (the
"Warranty Period"). If you determine within the Warranty Period that the media on which the Licensed Materials are recorded are defective, the
Licensor will replace the media without charge, as long as the original media are returned to the Licensor, with satisfactory proof of purchase and
date of purchase, within the Warranty Period. This warranty is limited to you as the licensee and is not transferable. The foregoing warranty does not
extend to any Licensed Materials that have been damaged as a result of accident, misuse or abuse.
EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THE LICENSED MATERIALS ARE PROVIDED ON AN "AS IS" BASIS. EXCEPT AS
DESCRIBED ABOVE, 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, TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES AND 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 BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF 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 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.