Starting at $9.99 USD per user per year
CATEGORIESChat & Web Conferencing
Easily connect and collaborate with others anywhere, anytime with Esna iLink. Get calls, call tracking, presence, instant messaging (IM), voice messaging in Chrome and Internet Explorer with integrated actions inside of Salesforce.
ESNA TECHNOLOGIES INC.##LICENSE AGREEMENT##∗∗∗ READ CAREFULLY BEFORE ACCEPTING ∗∗∗####THIS SOFTWARE CANNOT BE DEPLOYED UNLESS YOU, THE “Licensee” or “You”, ACCEPT THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“Agreement”) BY CLICKING THE “ACCEPT” ICON BELOW. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING IT. IF, UPON REVIEW, YOU CHOOSE NOT TO ACCEPT THE TERMS AND CONDITIONS AS SET FORTH HEREIN, DO NOT DEPLOY THE SOFTWARE AND PROMPTLY CONTACT YOUR SALES AGENT FOR A FULL REFUND. ####PLEASE NOTE THAT BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ALSO AGREE TO ENSURE THAT ANY PERSON ENTITLED TO USE THE SOFTWARE, SUCH AS YOUR EMPLOYEES OR END USERS, WILL ALSO ABIDE BY THE TERMS OF THIS LICENSE AGREEMENT, AND YOU WILL INDEMNIFY ESNA AGAINST ANY BREACH OF THIS AGREEMENT BY SAID EMPLOYEES OR END USERS.####PLEASE NOTE THAT TO THE EXTENT THAT THIS SOFTWARE IS FIRST UTILIZED AND/OR CONFIGURED BY AN ESNA AUTHORIZED RESELLER OR DEALER, AND NOT THE END CUSTOMER, THEN SAID AUTHORIZED DEALER/RESELLER UNDERSTANDS AND AGREES THAT IT MUST FIRST OBTAIN THE WRITTEN APPROVAL OF THE END CUSTOMER PRIOR TO CLICKING “ACCEPT” AND AGREEING TO THE TERMS HEREOF ON BEHALF OF SAID END CUSTOMER. IN THE EVENT THAT SUCH PRIOR WRITTEN APPROVAL IS NOT OBTAINED BY THE RESELLER/DEALER, SAID RESELLER/DEALER HEREBY AGREES TO ASSUME ALL OF THE OBLIGATIONS AND LIABILITIES OF THE END CUSTOMER.####DEPENDING ON THE PRODUCT, ESNA’S SOFTWARE MAY BE PURCHASED ON A SUBSCRIPTION BASIS OR AS A PERPETUAL LICENCE WHICH MAY INCLUDE A PERIOD OF SOFTWARE ASSURANCE. THE PERIOD OF THE SUBSCRIPTION OR ASSURANCE SHALL START UPON THE ACTIVATION OF THE SOFTWARE LICENSE. UNLESS OTHERWISE AGREED TO BY ESNA AND ESNA’S CUSTOMER, IF THE SOFTWARE IS NOT ACTIVATED WITHIN 90 DAYS OF PURCHASE, ESNA RESERVES THE RIGHT TO DEEM THE ACTIVATION TO HAVE STARTED THE LATER OF 90 DAYS AFTER THE DATE OF PURCHASE, OR IF APPLICABLE, THE PROVISION OF THE LICENSE KEY TO ESNA’S CUSTOMER.####LICENSING TERMS AND CONDITIONS####Licensee represents that it is licensing the enclosed software (“Software”) under this end user license agreement (“Agreement”) for its own internal business purposes. Accordingly, subject to full and timely receipt of payment by Esna of all fees owed to Esna in relation to the Software, ESNA grants to Licensee a limited, non-exclusive, personal, non-transferable license to use the Software in accordance with the following terms and conditions:####Licensee shall receive physical media or access via download for the Software, and shall be solely responsible for copying (only as permitted hereunder) the Software and for warranting the physical media on which it is copied.##Licensee may access and use the Software only within the scope of the License. The scope of the License is defined by the named products and add-on features, if any, that Licensee has purchased from Esna. If you are not certain as to which products and/or add-on features you have purchased, please contact us at email@example.com ##Without Esna’s prior written consent, Licensee may not copy the Software for any purpose. Once consented by Esna, Licensee agrees to reproduce on all permitted copies all copyright notices of Esna and its third party licensors. ##The use of this Software can result in the production of readable features such as documentation, reports, menus, audible prompts, and tone sequences. Such Software and features constitute either the copyrighted property of Esna and its third party licensors or the proprietary trade secret information of Esna and its third party licensors, or both, and shall be held in confidence by Licensee. Licensee understands and agrees that unauthorized disclosure of such information could cause irreparable harm and significant injury to Esna and its third party licensors; accordingly, Licensee agrees that Esna shall have the right to obtain an immediate injunction enjoining any such unauthorized disclosure.##The Software and any products embedded therein can only be used as a whole. Without limiting the generality of other restrictions and limitations set forth herein, it is specifically forbidden to access, make stand-alone use or extract any components of the Software for any use whatsoever.##Esna and its third party licensors retain title to the Software (excluding media on which it is recorded) and all intellectual property rights thereto, and no title to Software or intellectual property rights is transferred to Licensee. ##Licensee understands and agrees that the systems on which the Software is running must at all times have internet connection in order to allow the Software to validate the license with Esna’s licensing server. Such remote validation is done randomly on a daily basis. Licensee further understands and agrees that such validation is necessary for the continued use of the Software and that any failed validation or authentication caused by a lack of internet connection may cause the Software to cease to function; provided, however, that the Software will regain functionality immediately upon restoration of the internet connection.##Licensee shall not, whether through the use of disassemblers or any other means whatsoever (including but not limited to manual, mechanical or electrical means), alter, modify, reverse engineer, decompile, disassemble or attempt to generate or access the source code of the Software.##Except as provided herein, neither this license nor any rights granted hereunder are assignable or transferable, and any assignment or transfer will be null and void. If Licensee authorizes any other person to copy the Software, Licensee shall obligate that person in writing to comply with all conditions of this agreement.##Licensee understands and agrees that if Esna reasonably believes that the software infringes a third party’s intellectual property rights then Esna will, at its option, (i) procure the right for Licensee to continue using the Software; or (ii) replace or modify the Software to eliminate the infringement while providing equivalent functionality.##In the event that Esna has not received full payment for the Software, then Esna shall, at its sole discretion, be entitled to terminate the End User’s access to the Software. In such case, Esna shall have no further obligation to the Licensee. Notwithstanding the forgoing, Esna reserves the right to withhold Maintenance Support Services if payment for such is not received in full, and will re-instate Maintenance and Support Services when payment is received in full.####LIMITED WARRANTY####To be eligible for the Limited Warranty, Licensee must complete the Warranty Registration within ten (10) days of the activation of the Software. Depending on product being licensed, this registration is completed either during the installation or the purchase process.####Esna warrants that for a period of twelve (12) months from the date of activation of the License (“Warranty Period”), or, in the case of subscription-based licenses, for the duration of the term of the license, the Software will perform substantially in accordance with the Documentation for the Software. This warranty shall not apply to software which is provided without charge. Licensee acknowledges that Esna does not warrant that the Software will be uninterrupted or error free or meet Licensee’s requirements or that all errors in the Software will be corrected. Esna’s sole obligation under this warranty, and Licensee’s sole remedy for problems with the Software or non-conformance with this warranty shall be, at Esna’s option in each case, either (a) to use reasonable efforts to correct any substantial non-conformity pursuant to Esna’s standard Maintenance and Support policies; or (b) replace the non-conforming Software.## Except for the express warranties set for in this section, Esna disclaims all warranties expressed or implied, written or oral, arising by law, customer, prior written or oral statements by Esna or otherwise (including without limitation those of merchantability or fitness for a particular purpose or use.)##LIMITATIONS OF LIABILITY AND REMEDIES####Except as set forth in the Limited Warranty section above, the Software and accompanying documentation are provided “as is”. Esna will not be liable for any special, incidental, indirect or consequential damages, however caused, or under any theory of liability, whether or not Esna has been advised of the possibility of such damage or loss. Nor will Esna be liable for losses, damages or expenses which directly or indirectly arise from Licensee’s use of or inability to use the Software, either separately or in combinations with other equipment or software, or for commercial loss of any kind, or for procurement of substitute goods. In no event shall Esna’s liability arising out of this Agreement exceed the amount paid by Licensee for the purchase of the Software giving rise to such liability. ####MISCELLANEOUS####Licensee may terminate this Agreement as authorized above or at any time by uninstalling and if applicable, destroying, all copies of the Software and accompanying materials. No refunds are given to Licensee for any termination by Licensee without cause. Esna may immediately terminate Licensee’s license upon notice for failure to comply with the terms and conditions of this Agreement. Upon such termination, Licensee agrees to uninstall and if applicable, destroy all copies of the Software and accompanying documents; in the case of subscription-based licenses, Esna shall block Licensee’s access to, or function of, the Software. Licensee agrees that a breach of this Agreement will result in irreparable damages to Esna. This Agreement is the entire Agreement between Licensee and Esna with respect to the use and licensing of the Software, and supersedes all proposals, warranties, prior agreements or any other communications between the parties relating to the subject matter of this Agreement. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, Canada. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to this Agreement. Should Licensee have any questions concerning this Agreement, it may write to Esna Technologies Inc., 30 West Beaver Creek, Suite 101, Richmond Hill, Ontario, Canada, L4B 3K1, or call its local dealer.####FOR REGISTERED USER LICENCEES ONLY####This paragraph applies only to those Licensees who have purchased a License to use the Software for a specific number of registered users (“Registered User Licensee”). The Registered User Licensee may access and use the Software only within the scope of the Registered User License. The scope of the Registered User License is determined by the number and type of users listed in Esna’s licensing engine tool. The Registered User License is based on renewable one year terms (unless otherwise specified on the licensing engine tool). ####WRITTEN AGREEMENT####The terms and conditions contained in this Agreement constitute a written agreement between You and Esna. A printed version of this Agreement, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Furthermore, You hereby waive any and all defenses You may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
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