Specifications

Net-2000™ VCU Users Manual
Version 4.0, December, 2013
8.4 Except as specifically set forth in this Section 8, 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 PRODUCT. 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 8 give END USER
specific legal rights, and END USER may have other rights which vary from
state to state.
9. Limitation of Liability
The END USER agrees that the limitations of liability and disclaimers set forth
herein will apply regardless of whether the END USER has accepted the
product or service delivered by DVSI.
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
PRODUCT whether based on an action in contract, or for applications
assistance, or product support, or tort (including negligence) or otherwise
(including, without limitation, damages for loss of business revenue, profits,
business interruption, and loss of business information or lost or damaged
data), even if DVSI or any DVSI representative has been advised of the
possibility of such damages.
9.2 Because some states or jurisdictions 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 PRODUCT that gave rise to the claim or that is the subject matter of,
or is directly related to, the cause of action.
10. Taxes
10.1 All payments required under Section 4 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. 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. Some of the restricted
countries include: Libya, Cuba, North Korea, Iraq, Serbia, Taliban in
Afghanistan, Sudan, Burma, 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. 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, (USA),
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.
This Agreement has been written in the English language, and the parties
agree that the English version will govern.
(Subject to Change) Page iv
DVSI CONFIDENTIAL PROPRIETARY