User`s manual

AMBE-3000™-HDK Development Board
User’s Manual Version 1.1
Information – Section
7.2 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.
8. Limited Warranty
8.1 DVSI warrants the PRODUCT to be free from defects in materials and
workmanship under normal use for a period of ninety (90) days from the
date of delivery. The date of delivery is set forth on the packaging material
in which the Product is shipped. This limited warranty extends only to the
Customer who is the original purchaser. If the PRODUCT is found to be
defective and the condition is reported to DVSI, within the warranty
period, DVSI may, at its option, repair, replace, or refund of the purchase
price of the PRODUCT. DVSI may require return of the PRODUCT as a
condition to the remedy.
Restrictions. This warranty does not apply if the Product (a) has been
altered, (b) has not been installed, operated, repaired, or maintained in
accordance with instructions supplied by DVSI, (c) has been subjected to
abnormal physical or electrical stress, misuse, negligence, or accident;
8.2 Except as stated in Section 8.1, the PRODUCT is 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
PRODUCT with respect to its correctness, accuracy, reliability, speech
quality or otherwise. The entire risk as to the results and performance of
the PRODUCT 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, replacement, or correction of the
PRODUCT.
8.3 DVSI represents that, to the best of its knowledge, it has the right to
enter into this Agreement and to grant a license to use the PRODUCT to
END USER.
8.4 Except as specifically set forth in this Section 8, 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 PRODUCT. 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
8 give END USER specific legal rights, and END USER may have other
rights, which vary from state to state.
9. Limitation of Liability
The END USER agrees that the limitations of liability and disclaimers set
forth herein will apply regardless of whether the END USER has accepted
the product or service delivered by DVSI.
9.1 In no event shall DVSI be liable for any special, incidental, indirect or
consequential damages resulting from the use or performance of the
PRODUCT whether based on an action in contract, or for applications
assistance, or product support, or tort (including negligence) or otherwise
(including, without limitation, damages for loss of business revenue,
profits, business interruption, and loss of business information or lost or
damaged data), even if DVSI or any DVSI representative has been
advised of the possibility of such damages.
9.2 Because some states or jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitations may not apply to END USER.
9.3 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 PRODUCT that gave rise to the claim or that is the subject
matter of, or is directly related to, the cause of action.
10. Taxes
10.1 All payments required under Section 4 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.
11. Export
11.1 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.
Some of the restricted countries include: Libya, Cuba, North Korea, Iraq,
Serbia, Taliban in Afghanistan, Sudan, Burma, 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.
12. Governing Law
12.1 This Agreement is made under and shall be governed by and construed
in accordance with the laws of the Commonwealth of Massachusetts,
(USA), 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. This Agreement has been written in the English
language, and the parties agree that the English version will govern.