Dialogic DMG1000 User Manual page 4

LIMITED WARRANTY: The only warranty Dialogic makes is that the
medium on which the Software is recorded will be replaced without charge if
Dialogic, in good faith, determines that it was defective in materials or
workmanship and if returned to your supplier with a copy of your receipt
within ninety (90) days from the date you received it. Dialogic offers no
warranty for your reproduction of the Software. This Limited Warranty is void
if failure of the Software has resulted from accident, misuse, abuse or
misapplication. This limited warranty gives You specific legal rights. You may
have others, which may vary from jurisdiction to jurisdiction.
EXCLUSION OF OTHER WARRANTIES. Except as defined above in
"LIMITED WARRANTY," THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND
INCLUDING WARRANTIES
NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR
AGAINST LATENT DEFECTS. Dialogic does not warrant or assume
responsibility for the accuracy or completeness of any information, text,
graphics, links or other items contained within the Software.
Right to Audit: If this Software is licensed for use in a Company, Your
Company agrees to keep all usual and proper records and books of accounts
and all usual proper entries relating to each reproduction and Authorized User
of the Software during the term of this Agreement and for a period of three (3)
years thereafter. During this period, Dialogic may cause an audit to be made of
the applicable records in order to verify Your compliance with this Agreement
and prompt adjustment shall be made to compensate for any errors or
omissions disclosed by such audit. Any such audit shall be conducted by an
independent certified public accountant selected by Dialogic and shall be
conducted during the regular business hours at Your offices and in such a
manner as not to interfere with Your normal business activities. Any such
audit shall be paid for by Dialogic unless material discrepancies are disclosed.
For such purposes, "material discrepancies" shall mean an overuse of the
Software by the number of Authorized Users within the Company exceeding
the paid licensed number by more than three percent (3%). If material
discrepancies are disclosed, Your Company agrees to pay Dialogic for the
costs associated with the audit as well as the license fees for the additional
Authorized Users. In no event shall audits be made more frequently than semi-
annually unless the immediately preceding audit disclosed a material
discrepancy.
TERMINATION OF THIS AGREEMENT. Dialogic may terminate this
Software License Agreement at any time if You violate its terms. Upon
termination, You will immediately destroy the Software or return all copies of
the Software to Dialogic at Your cost.
APPLICABLE LAWS. Claims arising under this Software License
Agreement shall be governed by the laws of the Province of Quebec,
excluding its principles of conflict of laws and the United Nations Convention
on Contracts for the Sale of Goods.
ADDITIONAL TERMS. Dialogic is not obligated under any other
agreements unless they are in writing and signed by an authorized
representative of Dialogic. All notices to Dialogic under this Agreement shall
be sent to Dialogic's legal department at 9800 Cavendish Blvd., 5th Floor,
Montreal, Quebec, Canada H4M2V9. In the event that any provision of this
Agreement is found to be invalid, the remainder of the Agreement shall
remain in full force and effect and the closest legally valid alternative
provision giving effect to the intention of the original severed invalid clause
shall be deemed to be included in this Agreement.
APPLICABLE THIRD PARTY LICENSE INFORMATION:
(a) AMD Flash API (Memory Drivers 1.1).
The AMD Flash API (Memory Drivers 1.1) is distributed subject to the
terms on AMD's website which are as follows:
This software constitutes a basic shell of source code for programming all
AMD flash components. AMD will not be responsible for misuse or
illegal use of this software for devices not supported herein. AMD is
providing this source code "AS IS" and will not be responsible for issues
arising from incorrect user implementation of the source code herein. It is
the user's responsibility to properly design-in this source code. Include
this copyright notice if there is a location the end user would be able to
access: © Copyright 2002 Advanced Micro Devices, Inc.
OF MERCHANTABILITY,
(b) SSL Implementation
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) * All rights
reserved. This package is an SSL implementation written by Eric Young
The implementation was written so as to conform with Netscape's SSL.
This library is free for commercial and non-commercial use as long as the
following conditions are adhered to. The following conditions apply to all
code found in this distribution, be it the RC4, RSA, lhash, DES, etc.,
code; not just the SSL code. The SSL documentation included with this
distribution is covered by the same copyright terms except that the holder
is Tim Hudson (tjh@cryptsoft.com). Copyright remains Eric Young's, and
as such any Copyright notices in the code are not to be removed. If this
package is used in a product, Eric Young should be given attribution as
the author of the parts of the library used. This can be in the form of a
textual message at program startup or in documentation (online or
textual) provided with the package. Redistribution and use in source and
binary forms, with or without modification, are permitted provided that
the following conditions are met: 1. Redistributions of source code must
retain the copyright notice, this list of conditions and the following
disclaimer. 2. Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution. 3.
All advertising materials mentioning features or use of this software must
display the following acknowledgement: "This product includes
cryptographic software written by Eric Young (eay@cryptsoft.com)" The
word 'cryptographic' can be left out if the rouines from the library being
used are not cryptographic related:-). 4. If you include any Windows
specific code (or a derivative thereof) from the apps directory (application
code) you must include an acknowledgement: "This product includes
software written by Tim
SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL,
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA,
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The license
and distribution terms for any publicly available version or derivative of
this code cannot be changed. i.e. this code cannot simply be copied and
put under another distribution license [including the GNU Public
License.]
Contractor/ manufacturer is:
DIALOGIC CORPORATION.
9800 Cavendish Blvd., Montreal, Quebec, Canada H4M 2V9
Hudson (tjh@cryptsoft.com)"
IMPLIED WARRANTIES
SPECIAL, EXEMPLARY,
OR PROFITS; OR BUSINESS
THIS
OF
OR