Digital Voice Systems VC-55-PR User Manual page 4

VC-55™ PR Voice Codec Board
(Preliminary)
User's Manual
Codec Board 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 VC-55™-PR Voice Codec Board
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 VC-55™-PR Voice Codec Board and
AMBE® and AMBE+™ Software, operate in accordance with
the written specifications delivered to END USER with the VC-
55™-PR Voice Codec Board,.
7.2 Except as stated in Section 7.1, the VC-55™-PR
Voice Codec Board 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 VC-55™-PR Voice Codec
Board 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 VC-
55™-PR Voice Codec Board 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 VC-55™-PR Voice Codec Board 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 VC-55™-PR
Voice Codec Board 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 VC-55™-PR Voice
Codec Board 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
DVSI Confidential Proprietary
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 VC-55™-PR Voice Codec Board 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 VC-55™-PR Voice
Codec 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 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
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
Information – Section
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