between Sennheiser Communications A/S
has been entered into regarding EPOS software libraries (“Software”), which consist of:
- EPOS SDK;
- Demo App with source code;
- EPOS JS Library;
- Demo App for Amazon Connect.
and the related technical documentation and guidelines.
The EPOS SDK enables third party UC and CC softphone vendor (the Licensee) to integrate call control (e.g. answer/end calls etc.) support for Sennheiser Communications headsets (including headsets and speakerphones branded as ‘EPOS’, ‘Sennheiser’ or ‘EPOS I Sennheiser’).
The Demo App with source code can be used as example code by the Licensee.
The EPOS JS Library is used to integrate new web based softphones with EPOS Connect to implement call control with EPOS headsets and speakerphones.
Amazon Connect Demo App can be used as example code by the Licensee when enabling the call control with Amazon Connect through EPOS JS Library.
The Licensor is the owner of the Software and holds any and all rights, title and interest to and in the Software, including but not limited to any copyright to source codes, images and text incorporated into the Software.
The Licensor grants the Licensee the non-exclusive license to integrate the Software into the Licensee’s product.
The Licensee is not entitled to grant sub-licenses, assign or in any other way transfer its rights under this Agreement.
The Software is copyright protected, and the Licensee acknowledges that it is illegal to customize or reverse engineer the Software.
The Software is being provided to the Licensee “as is” and Licensor makes and has made no express warranties to the Licensee regarding the Software.
The Licensor disclaims any and all warranties regarding the Software, express or implied, including but not limited to any warranties of fitness for particular purposes, merchantable quality or non-infringement of any third party rights.
In no event will the Licensor be liable to the Licensee for any loss or expenses of any nature incurred or suffered, including but not limited to direct, indirect, special, incidental or consequential damages, loss of profits, damages to hardware or other software programs and whether in contract, tort (including but not limited to negligence), product liability or otherwise.
The Licensee shall keep confidential and will not disclose to any third party the details of the collaboration under this Agreement or any information obtained from the Licensor which is designated as confidential or which is of a confidential nature and the Licensee will not use any such information except for the purpose of using the Software in accordance with this Agreement.
The Licensee will advise its employees of the confidential nature of the collaboration under this Agreement and will ensure that such employees comply with the obligations of confidentiality in the Agreement.
In the event of any breach or threatened breach by the Licensee, the Licensor may seek, in addition to any other legal remedies and monetary damages which may be available, such equitable relief as may be necessary to protect the Licensor against any such breach or threatened breach, including, without exception, any injunctive relief appropriate to prevent any actual or threatened use or disclosure of the confidential information, without having to put up collateral. However, the Licensee will not be liable for any indirect or consequential loss.
Law and Venue
This Agreement shall be interpreted and governed in accordance with Danish law excluding its conflicts of law rules.
Any dispute arising out of or in connection with this Agreement shall be decided by the courts of Denmark.