Eicon Networks V8.3 - Manual (Page 5)

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No Liability for Consequential Damage
In no event shall Dialogic, its subsidiaries, directors, employees or suppliers be liable for any
damages whatsoever (including without limitation, damages for loss of business profits, business
interruption, loss of information, or other pecuniary loss and indirect, consequential, incidental,
economic, or punitive damages) arising out of the use of or inability to use this Program, even if
Dialogic has been advised of the possibility of such damages. As some jurisdictions do not allow
the exclusion or limitation for certain damages, some of the above limitations may not apply to You
or your Authorized Users.
Limit of Liability
The entire aggregate liability of Dialogic under any provision of this agreement shall be limited to
the amount actually paid by You for the affected Program. Dialogic’s subsidiaries, directors,
employees and suppliers shall have no liability under this Agreement.
Right to Audit
If this Program is not freely downloadable and 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.
Contractor/ manufacturer is:
DIALOGIC CORPORATION.
9800 Cavendish Blvd., Montreal, Quebec, Canada H4M 2V9