Dialogic Diva BRI-2FX Installationshandbuch Seite 6

Dialogic® Diva® Media Board Installation Guide
Term
The Agreement is effective until terminated. You may terminate it at any time by notifying
Dialogic and/or by destroying the Program and all accompanying documentation together
with all copies, modifications and merged portions in any form. The Agreement will also
terminate automatically upon the occurrence or lack of occurrence of certain terms and/or
conditions set forth in this Agreement, or if You fail to comply with any term or condition
of this Agreement. You agree that upon any such termination You shall destroy or return
to Dialogic the Program and all accompanying documentation supplied by Dialogic,
together with any and all copies, modifications and merged portions in any form. All
provisions of this Agreement relating to disclaimers of warranties, limitation of liability,
remedies, or damages, and licensor's proprietary rights shall survive termination.
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
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