Technical data

9
Limited Warranty
Dialogic solely warrants the media on which the Program is furnished to You to be free from defects in materials
and workmanship under normal use for a period of ninety (90) days from the date of purchase by You as
evidenced by a copy of Your receipt. If such a defect appears within the warranty period, You may return the
defective media to Dialogic for replacement without charge provided Dialogic, in good faith, determines that it
was defective in materials or workmanship. Replacement is Your sole remedy with respect to such a defect.
Dialogic offers no warranty for Your reproduction of the Program. This Limited Warranty is void if failure of the
Program has resulted from accident, misuse, abuse or misapplication.
Disclaimers, Limitations of Liability and Customer Remedies
Except as set forth in the "Limited Warranty" Section of this Agreement, the Program and accompanying
documentation are provided to You "as is." Neither Dialogic, its subsidiaries, its suppliers, nor its licensor(s) (if
any) warrants that the Program will meet Your requirements or that its use will be uninterrupted or error-free.
Except as set forth in the "Limited Warranty" Section, EACH OF DIALOGIC, ITS SUBSIDIARIES, ITS SUPPLIERS
AND ITS LICENSOR(S) (IF ANY) DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE PROGRAM AND ACCOMPANYING DOCUMENTATION, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR AGAINST LATENT DEFECTS. Except as set forth in the "Limited Warranty" Section,
neither Dialogic, its subsidiaries, its suppliers, nor its licensor(s) (if any) shall have any liability to You or any
third party for any claim, loss or damage of any kind, including but not limited to lost business profits, business
interruption, loss of information, or other pecuniary loss and indirect, punitive, incidental, economic,
consequential or special damages, arising out of or in connection with this Agreement and/or the use, inability to
use the Program and/or the Program's performance or inability to perform nor from or in connection with the
Program's accompanying documentation, or any data or equipment related thereto or used in connection
therewith. In no event shall Dialogic's, its subsidiaries', its suppliers' or its licensor(s)'s liability for damages,
whether arising out of contract, negligence, warranty, or patent or copyright infringement, exceed the fees You
paid for the Program. No representation or warranty regarding the Program may be made without Dialogic's, its
subsidiaries', its suppliers', or its licensor(s)'s (if any) prior written consent, and any warranty or representation
made by You or Your customers regarding the Program shall not constitute an obligation of Dialogic, its
subsidiaries, its suppliers, or other licensor(s) (if any). This limited warranty gives You specific legal rights. You
may have other rights, which may vary from jurisdiction to jurisdiction. Also, as some jurisdictions do not allow
the exclusion or limitation for certain damages, some of the above limitations may not apply to You.
Right to Audit
If this Program is licensed for use in a Company, Your Company and You individually and collectively agree to
keep all usual and proper records and books of accounts and all usual proper entries relating to each installation
of the Program 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 three percent (3%) or more
of the Authorized Users within the Company. 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 licensed channels or additional authorized users. In no event shall audits be made more frequently
than semi-annually unless the immediately preceding audit disclosed a material discrepancy.
Supplementary Software
Any Supplementary Software provided with the Program and/or referred to in this Agreement is provided "as is"
with no warranty of any kind.