AMBE-2000™ Vocoder Chip Users Manual
Version 4.92, June, 08
DVSI Confidential Proprietary, Subject to Change
Page 4
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9. Limitation of Liability
The END USER agrees that the limitations of liability and disclaimers set forth herein
will apply regardless of whether the END USER has accepted the product or service
delivered by DVSI.
9.1 In no event shall DVSI be liable for any special, incidental, indirect or consequential
damages resulting from the use or performance of the PRODUCT whether based on
an action in contract, or for applications assistance, or product support, or tort
(including negligence) or otherwise (including, without limitation, damages for loss of
business revenue, profits, business interruption, and loss of business information or
lost or damaged data), even if DVSI or any DVSI representative has been advised of
the possibility of such damages.
9.2 Because some states or jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, the above limitations may not apply to END
USER.
9.3 DVSI's maximum liability for damages arising under this Agreement shall be limited to
20% (twenty percent) of the fees paid by END USER for the particular PRODUCT that
gave rise to the claim or that is the subject matter of, or is directly related to, the cause
of action.
10. Taxes
10.1 All payments required under Section 4 or otherwise under this Agreement are
exclusive of taxes and END USER agrees to bear and be responsible for the payment
of all such taxes (except for taxes based upon DVSI's income) including, but not
limited to, all sales, use, rental receipt, personal property or other taxes which may be
levied or assessed in connection with this Agreement.
11. Export
11.1 United States export laws and regulations prohibit the exportation of certain products
or technical data received from DVSI under this Agreement to certain countries except
under a special validated license. Some of the restricted countries include: Libya,
Cuba, North Korea, Iraq, Serbia, Taliban in Afghanistan, Sudan, Burma, and Iran. The
END USER hereby gives its assurance to DVSI that it will not knowingly, unless prior
authorization is obtained from the appropriate U.S. export authority, export or re-
export, directly or indirectly to any of the restricted countries any products or technical
data received from DVSI under this Agreement in violation of said United States
Export Laws and Regulations. DVSI neither represents that a license is not required
nor that, if required, it will be issued by the U.S. Department of Commerce. Licensee
shall assume complete and sole responsibility for obtaining any licenses required for
export purposes.
12. Governing Law
12.1 This Agreement is made under and shall be governed by and construed in
accordance with the laws of the Commonwealth of Massachusetts, (USA), except that
body of law governing conflicts of law. If any provision of this Agreement shall be held
unenforceable by a court of competent jurisdiction, that provision shall be enforced to
the maximum extent permissible, and the remaining provisions of this Agreement shall
remain in full force and effect. This Agreement has been written in the English
language, and the parties agree that the English version will govern.
