Dialogic Diva ISDN Kurzübersicht Seite 5

Limit of Liability
Dialogic's entire aggregate liability under any provision of this agreement shall
be limited to the amount actually paid by You for the affected Program.
Right to Audit
If this Program is licensed for use in a Company, your Company agrees to keep
all usual and proper records and books of accounts and all usual proper entries
relating to each reproduction and Authorized User 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
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 Dialogic Program referred to in
this License Agreement is provided "as is" with no warranty of any kind.
U.S. Government Restricted Rights
The Program and documentation are provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the U.S. Government is subject to restrictions as set
forth in subparagraph c) 1) ii) of The Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraph c) 1) and 2) of the
Commercial Computer Software-Restricted Rights at 48 CFR52.227-19, as
applicable.
Governing Law
This Agreement shall be construed and controlled by the laws in force in the
Province of Quebec, Canada.
Contractor/ manufacturer is:
Dialogic CORPORATION.
9800 Cavendish Blvd., Montreal, Quebec, Canada H4M 2V9
This Agreement has been drafted in English at the express wish of the parties.
Ce contrat a été rédigé en anglais à la demande expresse des parties.
www.dialogic.com