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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 Sunnyvale, 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.