User`s manual

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.
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.