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
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
Contractor/ manufacturer is:
DIALOGIC CORPORATION.
9800 Cavendish Blvd., Montreal, Quebec, Canada H4M 2V9
www.eicon.com/divaserver