Digital Voice Systems Net-2000-P25, Руководство пользователя

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Net-2000™ Voice Codec Unit
User’s Manual
DVSI Confidential Proprietary
Page ii
Information – Section
Information of END USER's limitations, duties and obligations
regarding nondisclosure and copying of the Net-2000™-P25
Voice Codec Unit and AMBE
®
and AMBE+™ Software,.
Proprietary Information shall be used only by employees of
END USER and only at the Designated Site, except as
provided under this agreement.
6.4
END USER shall have no obligations for disclosure
or use of Proprietary Information which: (i) is already known to
END USER, at time of disclosure by DVSI; (ii) is or becomes
publicly known through publication, inspection of product or
otherwise through no wrongful act of END USER; (iii) is
received from a third party without restriction and without
breach of this Agreement; (iv) is independently developed by
END USER; (v) is disclosed to a third party by or on behalf of
DVSI without restriction; or (vi) is approved for release or use
by written authorization of DVSI.
6.5
Notwithstanding any termination pursuant to
Section 3.0, the obligations set forth in this Section 6.0 shall
survive termination of this Agreement.
7.0 Limited Warranty
7.1
DVSI warrants the Net-2000™-P25 Voice Codec
Unit and AMBE
®
and AMBE+™ Software, to be free from
defects in materials and workmanship under normal use for a
period of ninety (90) days from the date of delivery. DVSI
further warrants that the Net-2000™-P25 Voice Codec Unit
and AMBE
®
and AMBE+™ Software, operate in accordance
with the written specifications delivered to END USER with
the Net-2000™-P25 Voice Codec Unit,.
7.2
Except as stated in Section 7.1, the Net-2000™-
P25 Voice Codec Unit and AMBE
®
and AMBE+™ Software,
are provided "as is" without warranty of any kind. DVSI does
not warrant, guarantee or make any representations
regarding the use, or the results of the use, of the Net-
2000™-P25 Voice Codec Unit and AMBE
®
and AMBE+™
Software, with respect to its correctness, accuracy, reliability,
correctness or otherwise. The entire risk as to the results and
performance of the Net-2000™-P25 Voice Codec Unit and
AMBE
®
and AMBE+™ Software, is assumed by the END
USER. After expiration of the warranty period, END USER,
and not DVSI or its employees, assumes the entire cost of
any servicing, repair or correction of the Net-2000™-P25
Voice Codec Unit and AMBE
®
and AMBE+™ Software,.
7.3
DVSI warrants that it has the right to enter into this
Agreement and to grant a license to use the Net-2000™-P25
Voice Codec Unit and AMBE
®
and AMBE+™ Software, to
END USER.
7.4
Except as specifically set forth in this Section 7.0,
DVSI makes no express or implied warranties including,
without limitation, the warranties of merchantability or fitness
for a particular purpose or arising from a course of dealing,
usage or trade practice, with respect to the Net-2000™-P25
Voice Codec Unit and AMBE
®
and AMBE+™ Software,.
Some states do not allow the exclusion of implied warranties,
so the above exclusion may not apply to END USER. No oral
or written information or advice given by DVSI or its
employees shall create a warranty or in any way increase the
scope of this warranty, and END USER may not rely on any
such information or advice. The limited warranties under this
section 7.0 give END USER specific legal rights, and END
USER may have other rights which vary from state to state.
8.0 Limitation of Liability
8.1
In no event shall DVSI be liable for any special,
incidental, indirect or consequential damages resulting from the
use or performance of the Net-2000™-P25 Voice Codec Unit
and AMBE
®
and AMBE+™ Software, whether based on an
action in contract, tort (including negligence) or otherwise
(including, without limitation, damages for loss of business
profits, business interruption, and loss of business information),
even if DVSI or any DVSI representative has been advised of
the possibility of such damages.
8.2
Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages,
the above limitations may not apply to END USER.
8.3
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 Net-2000™-P25
Voice Codec Unit which caused the damages or that is the
subject matter of, or is directly related to, the cause of action.
9.0 Taxes
9.1
All payments required under Section 4.0 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.
10.0 Export
10.1
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. As of May 20, 1996 the restricted
countries are: Libya, Cuba, North Korea, Iraq, Serbia,
Montenegro, 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.
11.0 Governing Law
11.1
This Agreement is made under and shall be
governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts, 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.
12.0 Notices
12.1
Any notices to DVSI which may be given hereunder
shall be sent in writing to: Digital Voice Systems Inc., 234
Littleton Road, Westford, MA, 01886 USA