User`s manual

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USB-3000™

User’s Manual Version 1.6a

Information – Section

Digital Voice Systems, Inc.

The Speech Compression Specialists

USB-3000™

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-3000™ 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.

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.

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.

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.

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