User`s manual
AMBE-3000™-HDK Development Board
User’s Manual Version 1.1
Information – Section
AMBE-3000™-HDK Development Board END USER License Agreement
*** Important Read Carefully ***
1. Preliminary Statements and Definitions
1.1 This nonexclusive end user product license agreement is a legal
agreement between the customer (the END USER) and Digital Voice
Systems, Inc. (DVSI) covering the terms and conditions under which
DVSI's proprietary content (that may consist of and is not limited to
software, hardware, documentation and other material) is licensed to the
END USER as part of this PRODUCT.
a) The PRODUCT shall mean the Hardware, Software, Documentation
and other materials that were provided by DVSI, either directly or
indirectly through distributors or agents, to END USER as part of a
sale, delivery or other transaction.
b) Hardware can be in the form of Integrated Circuits (such as Digital
signal Processors) Circuit boards and electronics enclosed in a
chassis. DVSI’s AMBE-3003™ Vocoder Chip is an example of an
Integrated Circuit.
c) Software can be in form of computer code, firmware masked into an IC
or stored or embedded into ROM or RAM or Flash memory, or
software stored on any media (such as CD-ROM, floppy disk, hard
drive, solid-state memory or the Internet)
d) Documentation means written or electronic information, including user
manuals, technical documents, training materials, specifications or
diagrams, that pertain to or are delivered with the PRODUCT in any
manner (including in print, on CD-ROM, or on-line).
1.2 DVSI has developed a number of voice coding methods and algorithms
(the “Technology”) which include DVSI’s Advanced Multi-Band Excitation
(“AMBE”) , AMBE+™, and AMBE+2™ voice coders. The Technology
codes speech at low bit rates and may include error correction, echo
cancellation and other auxiliary functions.
1.3 "DVSI Voice Compression Software" shall mean the voice coding
Software that implements or embodies the Technology and is embedded
into or otherwise provided with the PRODUCT.
1.4 "DVSI Voice Codec" shall mean the DVSI Voice Compression Software,
any PRODUCT Hardware into which the DVSI Voice Compression
Software is embedded or executed and any associated Documentation.
1.5 DVSI represents that it owns certain “Proprietary Rights” in the
PRODUCT including patent rights, copyrights, trademarks and trade
secrets. These rights include one or more of the following US Patents
#5,630,011; #5,649,050; #5,701,390; #5,715,365; #5,754,974;
#5,826,222; #5,870,405; #6,161,089; #6,199,037; #6,912,495;
#7,634,399; #7,957,963; #7,970,606; #8,036,886; #8,200,497;
#8,315,860 and #8,359,197; and under other US and foreign patents and
patents pending. AMBE, AMBE+™ and AMBE+2™ are trademarks of
Digital Voice Systems, Inc.
1.6 “END USER” shall mean the person and/or organization to whom the
DVSI Vocoder Product (software or hardware) was delivered or provided
to as specified in the purchase order or other documentation. In the
event that the END USER transfers his rights under this license to a third
party as specified in Section 3.0, then this third party shall become an
“END USER”.
1.7 DVSI reserves the right to make modifications and other changes to its
products and services at any time and to discontinue any product or
service without notice.
2. License Granted
2.1 Subject to the conditions herein and upon initial use of the DVSI Product,
DVSI hereby grants to END USER a non-exclusive, limited license to use
the DVSI Voice Compression Software and Technology within the
PRODUCT. No license is granted for any use of the DVSI Voice
Compression Software or Technology on any other device or Hardware or
in any manner other than within the original unmodified PRODUCT
purchased from DVSI. No license is granted to copy or modify the DVSI
Voice Compression Software or the PRODUCT either in whole or in part.
2.2 No license, right or interest in any trademark, trade name or service mark
of DVSI is granted under this Agreement. END USER acknowledges that
the PRODUCT may contain trade secrets of DVSI, including but not
limited to the specific design, and associated interface information.
2.3 END USER shall not copy, extract, reverse engineer, disassemble, de-
compile or otherwise reduce the DVSI Voice Compression Software to
human-readable form. END USER shall not alter, duplicate, make copies
of, create derivative works from, distribute, disclose, provide or otherwise
make available to others, the DVSI Voice Compression Software and
Technology and/or trade secrets contained within the PRODUCT in any
form to any third party without the prior written consent of DVSI. The END
USER shall implement reasonable security measures to protect such
trade secrets.
2.4 This is a license, not a transfer of title, to the DVSI Voice Compression
Software, Technology and Documentation, and DVSI retains ownership
and title to all copies.
3. Transfer of License
3.1 The END USER shall have the right to transfer the rights under this
Agreement to a third party by either (i) providing the third party with a
copy of this Agreement or (ii) providing the third party with an agreement
written by the END USER ( hereinafter “END USER Agreement”) so long
as the END USER Agreement is approved in writing by DVSI prior to
transfer of the PRODUCT. The END USER Agreement shall contain
comparable provisions to those contained herein for protecting the
Proprietary Information from disclosure by such third party. Third parties
shall agree to accept all the terms and conditions under either Agreement
or the END USER Agreement.
4. Term and Termination
4.1 This Agreement is effective upon initial delivery of the PRODUCT and
shall remain in effect until terminated in accordance with this agreement.
4.2 This Agreement shall terminate automatically without notice from DVSI if
END USER fails to comply with any of the material terms and conditions
herein. END USER may terminate this Agreement at any time upon
written notice to DVSI certifying that END USER has complied with the
provisions of Section 3.
4.3 Upon termination of this Agreement for any reason, END USER shall: (i)
return the PRODUCT and documentation purchased or acquired, or in
Licensee’s possession, to DVSI; (ii) have no further rights to any DVSI
Software or the Technology without a separate written license from DVSI;
(iii) discontinue all use of the PRODUCT;
All confidentiality obligations of Customer and all limitations of liability and
disclaimers and restrictions of warranty shall survive termination of this
Agreement. In addition, the provisions of the sections titled "U.S.
Government End User Purchasers" and "General Terms Applicable to the
Limited Warranty Statement and End User License" shall survive
termination of this Agreement.
5. Payments
5.1 In consideration of the materials delivered as part of the Product, and in
consideration of the license granted by DVSI for the PRODUCT, and in
consideration of DVSI's performance of its obligations hereunder, the
END USER agrees to pay to DVSI the fees as specified in DVSI's invoice.
Payments of fees shall be received by DVSI prior to shipment of the
PRODUCT.
6. Proprietary Notices
6.1 END USER shall maintain and not remove any copyright or proprietary
notice on or in the PRODUCT.
6.2 Reproduction of non-proprietary information found in DVSI Users
Manuals or data sheets is permissible only if the END USER reproduces
without alteration, and includes all copyright and other proprietary notices,
all associated warranties, conditions and limitations on all copies, in any
form.
7. Proprietary Information
7.1 The parties agree that the PRODUCT shall be considered Proprietary
Information.