QX1000 Manual II: Administrator's Guide
Appendix: Software License Agreement
QX1000; (SW Version 5.3.x)
162
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 QX1000 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 QX1000 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
QX1000. 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 QX1000 or any Quadro SIP
Gateway 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.
