| |
|
|
 |
|
| Home
> Terms of use |
Untitled Document
|
|
|
|
|
|
|
|
Terms of use
|
Welcome to the eGain Communications
Corporation ("eGain") Web site ("Site").
Please review the following terms and conditions
concerning your use of this Site. By accessing,
using or downloading materials from this Site
you agree to follow and be bound by these
terms and conditions ("Terms of Use")
and eGain's Privacy Policy. eGain reserves
the right to change the Terms of Use and the
Privacy Policy at any time and in its sole
discretion. In case of any violation of the
Terms of Use or the Privacy Policy, eGain
reserves the right to seek all remedies available
to it by law and in equity.
Certain areas of the Site may have additional
or different terms of use posted. In the event
of a conflict between these Terms of Use and
any terms of use posted for a specific area
of the Site, the latter shall have precedence
with respect to your use of that area of the
Site.
Use of Site Information
The information, documents, graphics and other
material made available through this Site
are intended for use solely in connection
with eGain's commercial activities. These
materials are proprietary to eGain, and may
be protected by copyright, trademark and other
applicable laws. You may download, view, copy
and print documents and graphics incorporated
in the documents from this Site ("Documents")
subject to the following: (a) the Documents
may be used solely for informational purposes
related to the eGain products and services
described in the Site; and (b) the Documents
may not be modified or altered in any way.
Except as expressly provided herein, these
materials may not be used for any other commercial
purpose, and specifically you may not use,
download, upload, copy, print, display, perform,
reproduce, publish, license, post, transmit
or distribute any information from this Site
in whole or in part without the prior written
permission of eGain.
Use of Software
a. Software and accompanying documentation
that can be downloaded or otherwise distributed
through this Site may only be used by parties
that have entered into a written software
license agreement with eGain. You must read
the license agreement and indicate your agreement
to its terms prior to installing or using
the software. All rights, title and interest
not expressly granted in such license agreement
are expressly reserved by eGain.
b. Users of eGain software and this
Site are prohibited from sending unsolicited
commercial email, or "spam." Sending
unsolicited bulk email from another provider
advertising or implicating, directly or indirectly,
the use of any service hosted or provided
by eGain, including without limitation email,
Web, FTP, and DNS services, is prohibited
and is grounds for termination of those services
to customers or users who engage in the practice.
Users who send unsolicited bulk email from
eGain accounts will be required to compensate
eGain for any expenses incurred in connection
with any complaints.
Compliance with Applicable Laws
You may not access, download, use or export
the information, software, products or services
contained on this Site in violation of any
applicable laws or regulations. All information
available on the Site is subject to U.S. export
control laws and regulations and may also
be subject to the laws of the country where
you reside. All eGain products and publications
are commercial in nature. Use, duplication
or disclosure by the United States Government
is subject to the restrictions set forth in
DFARS 252.227-7015 and FAR 52.227-19.
Trademarks
eGain, the eGain logo, WorksEverywhere, eGain
product names, service names, and slogans
referenced or used in this Site are trademarks,
service marks or registered trademarks of
eGain Communications Corporation. All other
company, product or service names referenced
in this Site are used for identification purposes
only and may be trademarks or registered trademarks
of their respective owners. You are not permitted
to use these marks without the prior written
consent of eGain or such third parties owners.
Feedback
Except where expressly provided otherwise
by eGain, all comments, requests, feedback,
information or materials submitted to eGain
through, or in association with, this Site
shall be considered non-confidential and shall
become property of eGain. By submitting such
comments, feedback, information or materials
to eGain, you agree to a no-charge assignment
to eGain of all worldwide rights, title and
interest in copyrights and other intellectual
property rights (including so-called moral
rights) to the comments, feedback, information
or materials on an unrestricted basis. Links
to
Third Party Sites
This Site may contain hyperlinks to Web sites
controlled by parties other than eGain. eGain
is not responsible for and does not endorse
or accept any responsibility over the contents
or use of these Web sites. You should refer
to the policies posted by these Web sites
regarding privacy and other topics before
you use them.
Communications and Discussion Groups
Discussion groups, chat areas, bulletin boards,
news groups and/or email functions may be
offered by eGain as services of this Site.
You agree not to upload, email, post, publish
or otherwise transmit through such services
any content that: (a) is false or misleading;
(b) is defamatory; (c) is harassing or invades
another's privacy, or promotes hatred or harm
against any group or individual; (d) is obscene;
(e) infringes the rights (including intellectual
property rights) of another person, company
or organization; (f) constitutes bulk email,
"junk mail," "spam" or
chain letters; or (g) violates any applicable
laws or regulations. These services shall
be used in a noncommercial manner only. You
agree not to solicit other users for any purpose
whatsoever. eGain reserves the right at any
time and from time to time to modify or discontinue,
temporarily or permanently, any such services
with or without notice.
Secure and Password Protected Areas
Access to and use of password protected and/or
secure areas of the Site is restricted to
authorized users only. You are responsible
for maintaining the confidentiality of any
password(s) you are given to access such areas
of the Site, and are fully responsible for
all activities that occur under you password(s).
You agree to notify eGain immediately of any
unauthorized use of your password(s). Unauthorized
persons attempting to access these areas of
the Site may be subject to prosecution.
Cookies
"Cookies" are pieces of data that
a Web site transfers to the hard drives of
users' computers to better serve them when
they return to a Web site. Cookies do not
identify people; they identify computers.
The use of cookies is common and intended
to provide users with better and more personalized
features. eGain reserves the right to use
cookies in conjunction with the site, at its
discretion. If you prefer not to receive cookies,
you can set your browser to warn you before
accepting cookies and refuse the cookie when
alerted by your browser. You do not need to
have cookies turned on to use any area of
a Web site.
Privacy Policy
eGain is concerned about your privacy and
has developed a policy to address those concerns.
You can find the current privacy policy by
clicking on Privacy Policy at the bottom of
each page of the Site.
Termination of Use
eGain reserves the right, in its sole discretion
and at any time, to terminate your access
to the Site and/or any of its services without
liability to you or any third-party. In addition,
access to the Site may be monitored by eGain.
Warranties and Disclaimers
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
CONTAINED ON THIS SITE MAY BE OUT OF DATE
OR INCLUDE INACCURACIES, OMISSIONS OR OTHER
ERRORS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE
IN AN AGREEMENT BETWEEN YOU AND eGAIN, ALL
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. eGAIN HEREBY DISCLAIMS ALL WARRANTIES
WITH RESPECT TO THIS INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL eGAIN BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS
OF PROFITS, REVENUE, DATA OR USE, INCURRED
BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION
IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS
TO, OR USE OF, THIS SITE OR ANY OTHER HYPERLINKED
WEB SITE.
Cautionary Note Regarding Forward-Looking
Statements
The information contained on this Site may
include statements that are not purely historical,
including statements based on eGain's current
expectations, beliefs, intentions or strategies,
as well as assumptions about future events,
are forward-looking statements within the
meaning of the Private Securities Litigation
Reform Act of 1995. These forward-looking
statements are subject to important factors
and uncertainties that could cause actual
results to differ materially from those described
in this document. The following factors, among
others, could cause actual results to differ
materially from those described in these forward-looking
statements: potential fluctuations in quarterly
results; the successful integration of companies
eGain has acquired into its product plans
and business activities; increased competition
and technological changes in the industries
in which eGain competes; eGain's ability to
manage growth; intense competition for qualified
employees; and other risks detailed from time
to time in the Company's filings with the
Securities and Exchange Commission (the "SEC"').
Indemnification
In exchange for accepting the benefits you
receive by accessing this Site, you agree
to defend, indemnify and hold harmless eGain,
its officers, directors, employees and agents
from and against any and all claims, liabilities,
damages, losses or expenses, including reasonable
attorneys' fees and costs, arising out of
or in any way connected with your access to
or use of the Site.
Governing Law and Jurisdiction
This Site is controlled by eGain from its
headquarters in Mountain View, California,
United States of America. All matters relating
to your access to, or use of, this Site shall
be governed by U.S. federal law or the laws
of the State of California. Any legal action
or proceeding relating to your access to,
or use of, this Site shall be instituted exclusively
in a state or federal court in Santa Clara
County, California. You and eGain agree to
submit to the jurisdiction of, and agree that
venue is proper in, these courts in any such
legal action or proceeding.
Contact Information
If you have any questions regarding these
Terms of Use or other aspects of the Site,
please contact
webmaster@egain.com.
|
|
|
|
|
