AMBE-1000 Digital Voice Systems, Inc., AMBE-1000 Datasheet - Page 3

• Manufacturer Part Number: AMBE-1000
• Manufacturer: Digital Voice Systems, Inc.

1.0 Preliminary Statements and Definitions
1.1
organization to whom the AMBE-1000™ Vocoder Chip
was delivered or provided to as specified in the
purchase order or other documentation.
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
the speech coding software and/or firmware integrated
into the AMBE-1000™ Vocoder chip integrated circuit.
1.4 "Voice Codec" shall mean the AMBE-1000™ Vocoder
Chip integrated circuit, the AMBE
Software,
including modifications, enhancements and extensions
made by or for Digital Voice Systems, Inc. (DVSI) and
including
diagrams, layouts, operating instructions and user
manuals.
1.5 DVSI represents that it owns certain “Proprietary
Rights”
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-1000™ Vocoder Chip, DVSI hereby grants
to END USER a non-exclusive, limited license to use the
AMBE
readable form solely on the AMBE-1000™ Vocoder Chip.
Title to the AMBE
with DVSI. No license is granted for use of the AMBE
Voice Compression Software on other than the AMBE-
1000™ Vocoder Chip.
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
Compression Software contained in the AMBE-1000™
Vocoder Chip.
3.0 Transfer of License
3.1 The END USER shall have the right to transfer the
AMBE-1000™ 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-1000™ Vocoder
Chip.
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
The AMBE-1000 is not recommended for new designs.
“END
®
Please refer to the AMBE-2000/2020 product line.
in
Voice
The
circuit
firmware
USER”
the
Voice Compression Software" shall mean
AMBE-1000
END
Compression
®
Technology
diagrams,
Voice Compression Software remains
shall
USER
and
No license, right or interest in
mean
associated
Agreement
The AMBE-1000 is not recommended for new designs.
timing
and
Software
Please refer to the AMBE-2000/2020 product line.
the
Voice Compression
the
™
diagrams,
person
documentation,
shall
AMBE
Vocoder Chip END USER License Agreement
In the event
in
Visit us at www.dvsinc.com
machine
®
contain
and/or
Voice
Voice
logic
®
page 3
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.
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:
acquired, or in Licensee’s possession, to DVSI; (ii) have no further
rights to any AMBE
without a separate written license from DVSI; (iii) discontinue all use
of the AMBE-1000™ 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-1000™ Vocoder Chip or on the AMBE
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
(i) return all AMBE-1000™ Vocoder Chip purchased or
®
Voice Compression Software or the Technology
END USER may terminate this
Voice