Digital Voice Systems VC-20-ATC-10B, Руководство пользователя

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License and Warranty
VC-20

ATC-10b Vocoder Board User’s Manual
5.0 Proprietary Notices
5.1
END USER shall not remove any copyright or proprietary
notice on the on the AMBE

Voice Compression Software or VC-
20™ A T C-10b Vocoder Board.
6.0 Proprietary Information
6.1
The parties agree that the AMBE

Voice Compression
Software shall be considered Proprietary Information.
6.2
Except as otherwise provided in this Agreement, END
USER shall not use, disclose, make, or have made any copies of
the Proprietary Information, in whole or in part, without the
prior written consent of DVSI.
6.3
END USER shall make reasonable efforts to notify and
inform its employees having access to the Proprietary
Information of END USER's limitations, duties and obligations
regarding nondisclosure and copying of the 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 VC-20™ ATC-10b Vocoder Board and
the 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 VC-
20™ ATC-10b Vocoder Board and the AMBE™ Software
operate in accordance with the written specifications delivered to
END USER with the Voice Codec.
7.2
Except as stated in Section 7.1, the VC-20™ ATC-10b
Vocoder Board 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 Voice Codec or AMBE™ Software with respect to
its correctness, accuracy, reliability, currentness or otherwise.
The entire risk as to the results and performance of the VC-20™
A T C-10b Vocoder Board or 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 Voice Codec or the
AMBE™ Software.
7.3
DVSI warrants that it has the right to enter into this
Agreement and to grant a license to use the 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 Voice Codec or 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 Voice Codec or VC-20™ ATC-10b Vocoder
Board 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 Voice Codec or VC-20™
A T C-10b Vocoder Board 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