Copyright , 1999
Digital Voice Systems, Inc
234 Littleton Road
Westford , MA 01886
This document may not, in whole or in part be copied, photocopied, reproduced, translated, or reduced to any electronic
medium or machine readable form without prior consent in writing from Digital Voice Syst ems, Incorporated.
Every effort has been made to ensure the accuracy of this manual. However, Digital Voice Systems, Inc. makes no
warranties with respect to the documentation and disclaims any implied warranties of merchantability and fitness for a
particular purpose. Digital Voice Systems, Inc. shall not be liable for any errors or for incidental or consequential damages in
connection with the furnishing, performance, or use of this manual or the examples herein. The information in this document
is subject to change without notice.
Trademarks
VC-20 ATC -10b Vocoder Board is registered trademarks of Digital Voice Systems, Inc. Other product names mentioned
may be trademarks or registered trademarks of their respective companies and are the sole property of their respective
manufacturers.
All Rights Reserved
Data subject to change
VC-20 ATC-10b Vocoder Board User’s Manual
License and Warranty
D
IGITAL
V
OICE
S
YSTEMS
, INC.
The Speech Compression Specialists
VC-20™ ATC-10b Vocoder Board END USER License Agreement
1.0 Preliminary Statements and Definitions
1.1 "Voice Codec" shall mean the hardware, software and
associated documentation referred to in the invoice or shipping
papers accompanying this agreement for which END USER has
requested a license, and any derivative works thereof, including
modifications, enhancements and extensions made by or for
Digital Voice Systems, Inc. (DVSI) and including circuit diagrams,
timing diagrams, programmable logic software, logic diagrams,
layouts, operating instructions and user manuals.
1.2 "AMBE™ Software" shall mean the speech coding
software and/or firmware provided as part of the Voice Codec.
This software is contained in the Read Only Memories (ROMS,
EPROMS, EEPROMS, etc...) which are included as part of the
Voice Codec. This software includes any derivative works which
have as their source the software contained in the Read Only
Memories, and it includes the software contained in any future
Read Only Memories which DVSI may provide END USER for use
in the Voice Codec.
1.3 "Designated Site" shall mean the location of the Voice
Codec.
1.4 "Proprietary Information" shall mean the information
which DVSI desires to protect against unrestricted disclosure or
competitive use and which is designated as such in writing by DVSI
or is disclosed orally and within thirty (30) days thereafter is
reduced to tangible form pursuant to this License.
1.5 DVSI represents that it owns certain “Proprietary Rights”
in the Technology and the AMBE Voice Compression Software,
including patent rights in the Technology, and patent rights,
copyrights, and trade secrets in the AMBE Voice Compression
Software.
2.0 License Granted
2.1 Subject to the conditions herein and upon initial use of the
AMBE™ Software within the VC-20™ ATC-10b Vocoder Board,
DVSI hereby grants to END USER a non-exclusive, limited license
to use the AMBE® Voice Compression Software in machine
readable form solely on the VC-20™ ATC-10b Vocoder Board.
Title to the AMBE® Voice Compression Software remains with
DVSI. No license is granted for use of the AMBE® Voice
Compression Software on other than the VC-20™ ATC-10b
Vocoder Board. No license, right or interest in any trademark,
trade name or service mark of DVSI is granted under this
Agreement.
2.2 END USER shall not copy, extract, de-compile, reverse
engineer or disassemble the AMBE® Voice Compression Software
contained in the VC-20™ ATC-10b Vocoder Board.
2.3 Transfer of License
(a) END USER may transfer the AMBE™ Software and all
rights under this agreement to a third party together with a copy
of this Agreement provided that END USER provides DVSI with a
written notification of the transfer and provided that the third
party agrees in writing to accept all the terms and conditions of
this agreement. Upon any such transfer, END USER's rights
under this Agreement shall terminate pursuant to Section 3.0.
(b) END USER may relocate the Voice Codec, and the
subsequent location sh all then be considered the Designated Site.
(c) Except as provided in this Section 2.2, this Agreement,
the AMBE™ Software and any other information provided by
DVSI to END USER and any licenses and rights granted hereunder,
may not be sold, leased, assigned, sublicensed or otherwise
transferred, in whole or in part, by END USER.
2.4 END USER shall not de-compile, reverse engineer or
disassemble the AMBE™ Software.
3.0 Term and Termination
3.1 This Agreement is effective upon initial use of the
AMBE™ Software on the Voice Codec and shall remain in effect
until terminated in accordance with this agreement.
3.2 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 3.3.
3.3 Upon termination of this Agreement for any reason, END
USER shall: (i) have no further rights to the AMBE™ Software;
(ii) discontinue all use of the AMBE™ Software; and (iii) destroy
or, at DVSI's option, return all copies of the AMBE™ Software.
4.0 Payments
4.1 In consideration of the hardware, software, and associated
materials provided as part of the VC-20™ ATC-10b Vocoder
Board, and in consideration of the license and rights in the
AMBE™ Software granted by DVSI, and in consideration of
DVSI's performance of its obligations hereunder, END USER
agrees to pay to DVSI the fee specified in DVSI's invoice.
4.2 In consideration of the materials provided as part of VC20™ ATC-10b Vocoder Board, and in consideration of the license
and rights in the AMBE Voice Compression Software granted by
DVSI, and in consideration of DVSI's performance of its
obligations hereunder, END USER agrees to pay to DVSI the fee
specified in DVSI's invoice.
VC-20 ATC-10b Vocoder Board User’s Manual
License and Warranty
5.0 Proprietary Notices
5.1 END USER shall not remove any copyright or proprietary
notice on the on the AMBE Voice Compression Software or VC20™ ATC-10b Vocoder Board.
6.0 Proprietary Information
6.1 The parties agree that the AMBE Voice Compression
Software shall be considered Proprietary Information.
6.2 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.
6.3 END USER shall make reasonable efforts to notify and
inform its employees having access to the Proprietary
Information of END USER's limitations, duties and obligations
regarding nondisclosure and copying of the AMBE™ Software.
Proprietary Information shall be used only by employees of
END USER and only at the Designated Site, except as provided
under this agreement.
6.4 END USER shall have no obligations for disclosure or use
of Proprietary Information which: (i) is already known to END
USER, at time of disclosure by DVSI; (ii) is or becomes publicly
known through publication, inspection of product or otherwise
through no wrongful act of END USER; (iii) is received from a
third party without restriction and without breach of this
Agreement; (iv) is independently developed by END USER; (v) is
disclosed to a third party by or on behalf of DVSI without
restriction; or (vi) is approved for release or use by written
authorization of DVSI.
6.5 Notwithstanding any termination pursuant to Section 3.0,
the obligations set forth in this Section 6.0 shall survive
termination of this Agreement.
7.0 Limited Warranty
7.1 DVSI warrants the VC-20™ ATC-10b Vocoder Board and
the AMBE™ Software to be free from defects in materials and
workmanship under normal use for a period of ninety (90) days
from the date of delivery. DVSI further warrants that the VC20™ ATC-10b Vocoder Board and the AMBE™ Software
operate in accordance with the written specifications delivered to
END USER with the Voice Codec.
7.2 Except as stated in Section 7.1, the VC-20™ ATC-10b
Vocoder Board and AMBE™ Software are 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 Voice Codec or AMBE™ Software with respect to
its correctness, accuracy, reliability, currentness or otherwise.
The entire risk as to the results and performance of the VC-20™
ATC-10b Vocoder Board or AMBE™ Software 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 or correction of the Voice Codec or the
AMBE™ Software.
7.3 DVSI warrants that it has the right to enter into this
Agreement and to grant a license to use the AMBE™ Software to
END USER.
7.4 Except as specifically set forth in this Section 7.0, 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 Voice Codec or AMBE™
Software. 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
7.0 give END USER specific legal rights, and END USER may
have other rights which vary from state to state.
8.0 Limitation of Liability
8.1 In no event shall DVSI be liable for any special, incidental,
indirect or consequential damages resulting from the use or
performance of the Voice Codec or VC-20™ ATC-10b Vocoder
Board whether based on an action in contract, tort (including
negligence) or otherwise (including, without limitation, damages
for loss of business profits, business interruption, and loss of
business information), even if DVSI or any DVSI representative
has been advised of the possibility of such damages.
8.2 Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, the
above limitations may not apply to END USER.
8.3 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 Voice Codec or VC-20™
ATC-10b Vocoder Board which caused the damages or that is the
subject matter of, or is directly related to, the cause of action.
9.0 Taxes
9.1 All payments required under Section 4.0 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.
10.0 Export
10.1 United States export laws and regulations prohibit the
exportation of certain products or technical data received from
VC-20 ATC-10b Vocoder Board User’s Manual
D
IGITAL VOICE SYSTEMS, INC.
The Speech Compression Specia lists
AMBE -1000™ Vocoder Chip User’s Manual
DVSI under this Agreement to certain countries except under a
special validated license. As of May 20, 1996 the restricted
countries are: Libya, Cuba, North Korea, Iraq, Serbia, Montenegro,
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.
11.0 Governing Law
11.1 This Agreement is made under and shall be governed by
and construed in accordance with the laws of the Commonwealth
of Massachusetts, 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.
12.0 Notices
12.1 Any notices to DVSI which may be given hereunder shall
be in writing and sent to: Digital Voice Systems Inc., 234
Littleton Road, Westford, MA., 01886, U.S.A.