PureCloud Edge 保証


PureCloud Edge

End User License and Warranty Agreement

本エンドユーザー ライセンスおよび保証契約(以下「本契約」と言う)をよくお読みください。 本製品を使用することにより、本契約が、あなたが代表するエンドユーザー企業(以下「お客様」と言う)により承認されたものと見なされます。

  1. Limited Software License. Subject to Customer’s compliance with this Agreement, Genesys Telecommunications Laboratories, Inc. (“Genesys”) grants Customer a non-exclusive non-transferable license to use the software installed on this product (both as originally delivered and subsequently installed updates, upgrades and bug fixes) for Customer’s internal business purposes solely as embedded in and executed on the product and to use the product documentation to support Customer’s permitted use of the software. Customer acknowledges and agrees that the software and documentation are provided as a license and not a sale and Customer receives no rights other than those specifically granted to Customer herein.  Customer will not transfer, assign or sublicense the license granted herein to any person or entity and any attempt to do so is void.
  2. Restrictions. Customer acknowledges that the software and documentation contain trade secrets of Genesys and its licensors including without limitation the internal design and structure of the software and associated interfaces. All trademarks, service marks, patents, copyrights, trade secrets and other intellectual property rights in the software and documentation are and will remain the exclusive property of Genesys or its licensors, whether or not specifically recognized or perfected under applicable local law.  Customer will not copy the software or documentation and will not create derivative works of, modify, assign, sublicense, sell, rent, reverse engineer, disassemble or decompile the software or documentation.  Genesys or its licensors will own all rights in all derivative works of the software and documentation and any copy, translation, modification, adaptation or derivation (including any improvement or development) thereof.  Customer will not take any action that jeopardizes Genesys’s or its licensors’ proprietary rights in the software or documentation or acquire any rights in the software or documentation.  Customer will not disclose or make available to any third party trade secrets contained in the software or documentation and Customer will use reasonable care to prevent disclosure.  The software is Commercial Computer Software under Federal Government Acquisition Regulations and agency supplements to them and is provided to the Federal Government and its agencies only under the Restricted Rights Provision of the Federal Acquisition Regulations applicable to commercial computer software and commercial computer software documentation developed at private expense and not in the public domain.
  3. Export and Audit. Customer acknowledges that the product including the software and documentation may be subject to export controls under the U.S. Export Administration Regulations as well as end-user, end use and destination restrictions issued by the United States government and other governments. Customer will strictly comply with all requirements of these controls and restrictions and cooperate fully with Genesys in any official or unofficial audit or inspection relating to these controls or restrictions.  During the license period and for one (1) year thereafter, upon reasonable prior written notice, Genesys or its designee will have the right to examine Customer’s books and records during Customer’s normal business hours to the extent reasonably necessary or advisable to verify compliance with the license terms and conditions.  If Customer is not in compliance, Customer will correct any failure of compliance including without limitation paying any additional fees that may be due and Customer will pay the reasonable costs of the audit.
  4. License Term. The license granted herein will remain effective until terminated by Genesys or by Customer. Customer may terminate the license at any time by returning to Genesys or destroying the product and documentation including any copies of the software and documentation in Customer’s possession or control.  The license will terminate immediately without notice if Customer materially breaches this Agreement.  Upon termination, Customer will immediately return to Genesys or destroy the product and documentation including any copies of the software and documentation in Customer’s possession or control.  Sections 2-3 and 9-12 will survive termination of the license.
  5. Limited Warranty. Genesys warrants to Customer that the product hardware will be free from material defects in workmanship and materials and the software will materially conform to applicable product documentation, under normal use and service, during the Warranty Period. Customer’s sole and exclusive remedy and Genesys’s entire liability is that Genesys’s sole obligation under this express limited warranty is that, at Genesys’s option and expense, Genesys will repair the defective product or part (each an “Item”), deliver to Customer a replacement Item that is materially equivalent to or better than the defective Item or, if neither of these options is commercially practicable, refund to Customer the purchase price paid by Customer for the defective product.  This limited warranty is provided only to the original user of the product and is non-transferable.  Customer must notify Genesys of any warranty claim within the Warranty Period and the processing of any such claim must be made (and is subject to) in accordance with Genesys’s then-current Return Material Authorization (RMA) procedures.  This limited warranty is conditioned upon timely and appropriate notice to Genesys.  Genesys will provide support for the software during the Warranty Period.  Software support includes updates, upgrades and bug fixes.
  6. Warranty Period. If the product is shipped to Customer by Genesys, the Warranty Period will commence on the date the product is shipped. If the product is provided to Customer by a Genesys reselling Partner, the Warranty Period will commence on the earlier of the date the product is shipped to the reseller by Genesys or sixty (60) days after the order date.  The Warranty Period ends three (3) years after the commencement date and will not be extended for replaced or repaired Items.  The Warranty Period will end immediately without notice if the license granted to Customer herein terminates for any reason.
  7. 出荷
    1. Original Orders. If the product is shipped by Genesys, then title and risk of loss or damage to product will pass to Customer upon shipment of the product to Customer. 
    2. 返品および交換 「RMA サービス情報」を参照してください。
  8. Exclusions. The limited warranty does not apply and Genesys will not be liable if it determines that the alleged defect in a returned Item does not exist or results from any of the following:
    1. Failure to follow Genesys’s installation, operation or maintenance instructions;
    2. 有資格者以外による修理、変更または改変;
    3. 利用可能な更新、アップグレードのインストールおよびバグの修正を行わなかった場合;
    4. 製品を通じてアクセスした、一般的な通信業者の通信サービスの不正使用;
    5. 異常な環境条件、誤使用または過失; および
    6. 事故、火事、雷、電力サージおよび停電を含む天変地異
  9. Limited Remedy. CUSTOMER’S SOLE REMEDY FOR BREACH OF THE FOREGOING WARRANTIES IS THAT GENESYS WILL, AT GENESYS’S SOLE DISCRETION, REPAIR OR REPLACE THE PRODUCT OR REFUND THE PURCHASE PRICE. NO OTHER PERSON OR ENTITY IS AUTHORIZED TO MODIFY THE LIMITED WARRANTY AND REMEDIES PROVIDED ABOVE OR TO ASSUME ANY OTHER OBLIGATIONS OR LIABILITY ON BEHALF OF GENESYS WITH RESPECT TO THE PRODUCT.
  10. Disclaimer. THE FOREGOING LIMITED WARRANTIES AND REMEDIES ARE CUSTOMER’S EXCLUSIVE WARRANTIES AND REMEDIES ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES. GENESYS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PROVIDED BY LAW ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE (INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT).  EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE PRODUCT (INCLUDING THE SOFTWARE) IS PROVIDED “AS IS” AND CUSTOMER ASSUMES THE ENTIRE RISK OF RESULTS AND PERFORMANCE OF THE PRODUCT.  WITHOUT LIMITING ANY OF THE FOREGOING, GENESYS MAKES NO WARRANTY THAT:  (I) ANY PARTICULAR PERFORMANCE OR RESULTS MAY BE OBTAINED USING THE PRODUCT; (II) THE PRODUCT IS APPROPRIATE FOR CUSTOMER’S CHOSEN PURPOSES OR APPLICATION; (III) THE SOFTWARE IS ERROR-FREE OR DOES NOT CONTAIN “BUGS”; OR (IV) USAGE OF THE PRODUCT WILL BE UNINTERRUPTED.
  11. Limitation of Liability. EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, GENESYS WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF GENESYS OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AGGREGATE AND TOTAL LIABILITY OF GENESYS FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT.  CUSTOMER IS THE SOLE BENEFICIARY OF THIS AGREEMENT AND NO OTHER PERSON OR ENTITY IS A THIRD PARTY BENEFICIARY OR ENTITLED TO TAKE OR ENFORCE ANY BENEFITS HEREUNDER.
  12. Governing Law and Legal Actions.  This Agreement will be governed by and construed in accordance with the laws of the State of Indiana in the United States of America excluding its conflicts of laws principles and excluding the Uniform Commercial Code as adopted in Indiana and the United Nations Convention on Contracts for the International Sale of Goods in its entirety. Customer consents to the personal jurisdiction and venue of the state and federal courts of the State of Indiana where any legal or equitable claim of any nature arising hereunder will be filed and maintained and Customer agrees that such courts are a convenient forum for adjudication.  The prevailing party in any legal action arising hereunder will be entitled to its costs of litigation and reasonable attorneys’ fees as to that part of the litigation for which it prevails.  Customer agrees that this Agreement as well as other documents relating hereto, including notices, have been and will be drawn up in the English language only.  The headings included herein are only for convenience and will not be construed as a part of this Agreement.  This Agreement is the exclusive statement of the license rights and warranty obligations to Customer with respect to the product and may only be amended by a writing that specifically refers to this Agreement and is executed by authorized representatives of Genesys and Customer.  The use of the term “Reselling Partner” does not mean that Genesys and reselling Partner are partners in the legal meaning of that term.  Genesys and reselling Partner are independent contractors and neither has the power to bind the other.  Genesys disclaims all responsibility or liability for any contracts entered into by reselling Partner, representations made by reselling Partner, or any other acts performed, or failures to act, by reselling Partner.  Customer agrees that any claims other than with respect to Genesys’s obligations expressly stated herein will be made solely against reselling Partner and not against Genesys.