Digital Voice Systems VC-20-PRJ25, Руководство пользователя

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VC-20-PRJ25 IMBE™ Vocoder Board
User’s Manual
DVSI Confidential Proprietary
Page ii
License and Warranty
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 IMBE™ 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 terminat ion 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 Voice Codec and the IMBE™ 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 Voice Codec and the IMBE™ 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 Voice Codec and
IMBE™ 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
IMBE™ Software with respect to its correctness, accuracy, reliability,
currentness or otherwise. The entire risk as to the results and
performance of the Voice Codec or IMBE™ 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 IMBE™
Software.
7.3
DVSI warrants that it has the right to enter into this
Agreement and to grant a license to use the IMBE™ 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 IMBE™ 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 IMBE™ 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
IMBE™ 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
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