This is an agreement (“Agreement”) between Epygi Technologies LLC (“Epygi”) and you (“You”). By You clicking “I AGREE TO THE ABOVE TERMS”, where applicable, You agree to be bound by the terms of this Agreement.
Notice to Users
This document, in whole or in part, may not be reproduced, translated or reduced to any machine-readable form without prior written approval from Epygi. Epygi provides no warranty with regard to this document or other information contained herein and hereby expressly disclaims any implied warranties of merchantability or fitness for any particular purpose in regard to this document or such information. In no event shall Epygi be liable for any incidental, consequential or special damages, whether based on tort, contract or otherwise, arising out of or in connection with this document or other information contained herein or the use thereof.
Epygi respects the privacy of its customers and maintains any and all nonpublic personal information it receives from customers in confidence. Epygi only collects nonpublic personal information when customers provide it to Epygi on a voluntary basis. In such cases, the types of nonpublic personal information collected from customers may include the customer’s name, address, telephone number, email address and credit card information (including account number and expiration date). Epygi maintains appropriate safeguards to ensure the security and privacy of nonpublic personal information collected from its customers. Epygi limits access to nonpublic personal information to those staff persons who have a professional reason for knowing the information and to other persons who are assisting us in providing services. Epygi does not provide any of its customers’ nonpublic personal information to non-affiliated third parties unless the customer has authorized such disclosure or such disclosure is required by law.
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”) unless otherwise indicated. The Epygi Materials are made available solely for use in connection with the evaluation and operation of Epygi products and services. 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 to 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 losses arising from the use of such sites.
Emergency 911 Calls
YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 911 CALLS MAY NOT FUNCTION WHEN USING QUADRO, QX OR ecQX CLOUD SERVICE AND THAT EPYGI OR ANY AFFILIATES (AGENTS) SUBSIDIARIES, PARTNERS OR EMPLOYEES ARE NOT LIABLE FOR SUCH CALLS.
Epygi warrants to the original end-user purchaser every Quadro and QX appliance to be free from physical defects in material and workmanship under normal use for a period of one (1) year from the date of purchase (proof of purchase required) or two (2) years from the date of purchase (proof of purchase required) for products purchased in the European Union (EU). If Epygi receives notice of such defects, Epygi will, at its discretion, either repair or replace products that prove to be defective.
This warranty shall not apply to defects caused by (i) failure to follow Epygi’s installation, operation or maintenance instructions; (ii) external power sources such as a power line, telephone line, or connected equipment; (iii) products that have been serviced or modified by a party other than Epygi or an authorized Epygi service center; (iv) products that have had their original manufacturer’s serial numbers altered, defaced, or deleted; (v) damage due to lightning, fire, flood or other acts of nature.
In no event shall Epygi’s liability exceed the price paid for the product from direct, indirect, special, incidental or consequential damages resulting from the use of the product, its accompanying software or its documentation. Epygi offers no refunds for its products. Epygi makes no warranty or representation, expressed, implied, or statutory, with respect to its products or the contents or use of this documentation and all accompanying software, and specifically disclaims its quality, performance, merchantability or fitness for any particular purpose.
If the product proves to be defective during this warranty period, please contact the establishment where the unit was purchased. The Integrator will provide guidance on how to return the unit in accordance with its established procedures. Epygi will provide the Return Merchandise Authorization Number to your retailer.
Epygi offers an extended warranty program available for purchase by end users. This option is available at the time of purchase, extending the users original warranty for an additional three (3) years. Combined with the original warranty, the extended warranty would offer a total of five (5) years protection for European end users and four (4) years protection for non-European end users.
Extended Warranty Statement
Epygi Technologies, LTD. extends its Limited Warranty for an additional period of three (3) years from the date of the termination of the original Limited Warranty period (proof of purchase required).
Administrative Council for Terminal Attachments (ACTA) Customer Information
Quadro and QX appliance equipment complies with Part 68 of the FCC rules and the requirements adopted by the ACTA. Located on the equipment is a label that contains, among other information, the ACTA registration number and ringer equivalence number (REN), if applicable. If requested, this information must be provided to the telephone company.
The REN is used to determine the quantity of devices which may be connected to the telephone line. Excessive REN’s on the telephone line may result in the devices not ringing in response to an incoming call. In most, but not all areas, the sum of the REN’s should not exceed five (5.0). To be certain of the number of devices that may be connected to the line, as determined by the total REN’s contact the telephone company to determine the maximum REN for the calling area.
This equipment cannot be used on the telephone company-provided coin service. Connection to Party Line Service is subject to State Tariffs.
If this equipment causes harm to the telephone network, the telephone company will notify you in advance that temporary discontinuance of service may be required. If advance notice isn’t practical, the telephone company will notify the customer as soon as possible. Also, you will be advised of your right to file a complaint with the FCC if you believe it is necessary.
The telephone company may make changes in its facilities, equipment, operations, or procedures that could affect the operation of the equipment. If this happens, the telephone company will provide advance notice in order for you to make the necessary modifications in order to maintain uninterrupted service.
If trouble is experienced with this equipment, please contact Epygi.
If the trouble is causing harm to the telephone network, the telephone company may request you to remove the equipment from the network until the problem is resolved.
Electrical Safety Advisory
To reduce the risk of damaging power surges, we recommend you install an AC surge arrestor in the AC outlet from which the Quadro or QX is powered and provide uninterruptible power support (UPS) to the device.
Industry Canada Statement
This product meets the applicable Industry Canada technical specifications.
Before using the Quadro or QX appliance, please review and ensure the following safety instructions are adhered to:
To prevent fire or shock hazard, do not expose your Quadro or QX to rain or moisture.
To avoid electrical shock, do not open the Quadro or QX. Refer servicing to qualified personnel only.
Never install wiring during a lightning storm.
Never install telephone jacks in wet locations unless the jack is specified for wet locations.
Never touch uninsulated telephone wire or terminals unless the telephone line has been disconnected at the network interface.
Use caution when installing or modifying cable or telephone lines.
Avoid using your Quadro or QX during an electrical storm.
Do not use your Quadro, QX or telephone to report a gas leak in the vicinity of the leak.
An electrical outlet should be as close as possible to the unit and easily accessible.
Epygi’s Minimum Advertised Price Policy (MAP)
Epygi’s MAP Policy applies to published product prices by any means including: flyers, posters, mailers, coupons, inserts, magazines, newspapers, catalogs, mail order catalogs, Internet or similar electronic media, television, radio and public signage. MAP for all Epygi products shall be 5% below Epygi’s most current global price list. The MAP price may be adjusted only by Epygi at its sole discretion. Epygi’s MAP price listed shall be the lowest price to appear in advertising by any Distributor and their Integrator of Epygi products. No additional discounts, rebates or reductions may be advertised. Violation of Epygi MAP Policy may result in discontinuation of sale of Epygi product to the Distributor or Integrator.
Copyright and Trademarks
Copyright © 2003-2018 Epygi Technologies, LTD. All Rights Reserved. Epygi, Quadro and QX are registered trademarks of Epygi Technologies, LTD. Microsoft, Windows and the Windows logo are registered trademarks of Microsoft Corporation. All other trademarks and brand names are the property of their respective proprietors.
EPYGI TECHNOLOGIES. SOFTWARE LICENSE AGREEMENT
THIS IS A CONTRACT. CAREFULLY READ ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. USE OF THE EPYGI QUADRO APPLIANCES, QX APPLIANCES AND EPYGI CLOUD SERVICES (COLLECTIVELY “EPYGI PRODUCTS”) INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, SIMPLY DO NOT USE THE EPYGI PRODUCTS.
1. License. Epygi Technologies, (the “Licensor”), hereby grants to you a non-exclusive right to use the Epygi Products and associated documentation and such revisions of the same 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 Epygi Products. 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. Emergency 911 Calls. YOU EXPRESSLY ACKNOWLEDGE THAT EMERGENCY 911 CALLS MAY NOT FUNCTION WHEN USING THE EPYGI PRODUCTS AND THAT EPYGI TECHNOLOGIES, LLC. OR ANY AFFILIATES (AGENTS) SUBSIDIARIES, PARTNERS OR EMPLOYEES ARE NOT LIABLE FOR SUCH CALLS. IF YOU ARE NOT COMFORTABLE WITH THIS LIMITATION YOU SHOULD MAKE ARRANGEMENTS FOR AN ALTERNATE MEANS OF ACCESSING 911 SERVICE.
10. Music on Hold Copyright. The default Music on Hold on the Epygi Products is a 22 second fragment from Chopin’s Nocturne Op.9 #2 performed by Marina Vardanyan and kindly provided to Epygi Technologies, LLC. The recording is royalty free.
11. 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.
12. 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.
13. 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.
14. 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.
15. Governing Law. This Agreement shall be governed by and constructed in accordance with the laws of the state of Florida, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
16. 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.
17. Free Software. Certain software utilized in the Epygi products 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 license from www.gnu.org. For a list of free software go to http://www.epygi.com/about/free-software-list
If you have any questions about this Agreement, please write to
Epygi Technologies, LLC.
2233 Lee Rd #201
Winter Park, Florida, 32789
or call Epygi at +1-972-692-1166