AMBE2000 Datasheet, PDF (3/47 Pages) List of Unclassifed Manufacturers – VOCODER CHIP

AMBE-2000™ Vocoder Chip
User’s Manual Version 3.0
AMBE-2000^™ Vocoder Chip END USER License Agreement
1.0 Preliminary Statements and Definitions
1.1 “END USER” shall mean the person and/or organization to whom the AMBE-
2000™ Vocoder Chip was delivered or provided to as specified in the purchase order or
other documentation. In the event that the END USER transfers his rights under this
license to a third party as specified in section 2.2, then this third party shall become an
“END USER”.
1.2 Digital Voice Systems, Inc. (DVSI) has developed a voice coding method and
algorithm (the “Technology”) based on the Advanced Multi-Band Excitation
(“AMBE^®”) voice coder. The technology codes speech at bit rates of 2.4 to 9.6 kilobits
per second (kbps) including error correction bits.
1.3 "AMBE^® Voice Compression Software" shall mean the speech coding software
and/or firmware integrated into the AMBE-2000™ Vocoder chip integrated circuit.
1.4 "Voice Codec" shall mean the AMBE-2000™ Vocoder Chip integrated circuit, the
AMBE^® Voice Compression Software, firmware and associated documentation,
including modifications, enhancements and extensions made by or for Digital Voice
Systems, Inc. (DVSI) and including circuit diagrams, timing diagrams, logic diagrams,
layouts, operating instructions and user manuals.
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-2000™ Vocoder
Chip, 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 AMBE-
2000™ Vocoder Chip. 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 AMBE-2000™ Vocoder Chip. 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 AMBE-2000™ Vocoder Chip.
3.0 Transfer of License
3.1 The END USER shall have the right to transfer the AMBE-2000™ Vocoder Chip
and all rights under this Agreement to a third party by either (i) providing the third party
with a copy of this Agreement or (ii) providing the third party with an agreement written
by the END USER ( hereinafter “END USER Agreement”) so long as the END USER
Agreement is approved in writing by DVSI prior to transfer of the AMBE-2000™
Vocoder Chip. The END USER Agreement shall contain comparable provisions to those
contained herein for protecting the Proprietary Information from disclosure by such third
party. Third parties shall agree to accept all the terms and conditions under either
Agreement or the END USER Agreement.
4.0 Term and Termination
4.1 This Agreement is effective upon initial delivery of the Voice Codec and shall remain
in effect until terminated in accordance with this agreement.
4.2 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.
4.3 Upon termination of this Agreement for any reason, END USER shall: (i) return all
AMBE-2000™ Vocoder Chip purchased or acquired, or in Licensee’s possession, to
DVSI; (ii) have no further rights to any AMBE^® Voice Compression Software or the
Technology without a separate written license from DVSI; (iii) discontinue all use of the
AMBE-2000™ Vocoder Chip;
5.0 Payments
5.1 In consideration of the materials provided as part of the Voice Codec, 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.
6.0 Proprietary Notices
6.1 END USER shall not remove any copyright or proprietary notice on the AMBE-
2000™ Vocoder Chip or on the AMBE^® Voice Compression Software.
7.0 Proprietary Information
7.1 The parties agree that the AMBE^® Voice Compression Software 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.
8.0 Limited Warranty
8.1 DVSI warrants the Voice Codec to be free from defects in materials and workmanship under normal
use for a period of ninety (90) days from the date of delivery.
8.2 Except as stated in Section 7.1, the Voice Codec 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 Voice Codec with respect to its correctness, accuracy, reliability, correctness or otherwise.
The entire risk as to the results and performance of the Voice Codec 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 Voice Codec.
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 AMBE^® Voice Compression Software to END USER.
8.4 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. 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.
9.0 Limitation of Liability
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 Voice Codec 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.
9.2 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.
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 Voice Codec which caused the damages or
that is the subject matter of, or is directly related to, the cause of action.
10.0 Taxes
10.1 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.
11.0 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. As of November 30, 1999 the restricted countries are: Libya, Cuba, North Korea, Iraq, Serbia,
Taliban in Afghanistan, Sudan, Burma, Yugoslavia 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.
12.0 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, 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.
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