Dialogic® Diva® softIP for SIP software v2.2 Reference Guide

Copyright and Legal Disclaimer

Copyright © 2006-2008 Dialogic Corporation. All Rights Reserved. You may not reproduce this document in whole or in part without permission in writing from Dialogic Corporation at the address provided below.

All contents of this document are furnished for informational use only and are subject to change without notice and do not represent a commitment on the part of Dialogic Corporation or its subsidiaries ("Dialogic"). Reasonable effort is made to ensure the accuracy of the information contained in the document. However, Dialogic does not warrant the accuracy of this information and cannot accept responsibility for errors, inaccuracies or omissions that may be contained in this document.

INFORMATION IN THIS DOCUMENT IS PROVIDED IN CONNECTION WITH DIALOGIC® PRODUCTS. NO LICENSE, EXPRESS OR IMPLIED, BY ESTOPPEL OR OTHERWISE, TO ANY INTELLECTUAL PROPERTY RIGHTS IS GRANTED BY THIS DOCUMENT. EXCEPT AS PROVIDED IN A SIGNED AGREEMENT BETWEEN YOU AND DIALOGIC, DIALOGIC ASSUMES NO LIABILITY WHATSOEVER, AND DIALOGIC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO SALE AND/OR USE OF DIALOGIC PRODUCTS INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY.

Dialogic products are not intended for use in medical, life saving, life sustaining, critical control or safety systems, or in nuclear facility applications.

It is possible that the use or implementation of any one of the concepts, applications, or ideas described in this document, in marketing collateral produced by or on web pages maintained by Dialogic may infringe one or more patents or other intellectual property rights owned by third parties. Dialogic does not provide any intellectual property licenses with the sale of Dialogic products other than a license to use such product in accordance with intellectual property owned or validly licensed by Dialogic and no such licenses are provided except pursuant to a signed agreement with Dialogic. More detailed information about such intellectual property is available from Dialogic's legal department at 9800 Cavendish Blvd., 5th Floor, Montreal, Quebec, Canada H4M 2V9. Dialogic encourages all users of its products to procure all necessary intellectual property licenses required to implement any concepts or applications and does not condone or encourage any intellectual property infringement and disclaims any responsibility related thereto. These intellectual property licenses may differ from country to country and it is the responsibility of those who develop the concepts or applications to be aware of and comply with different national license requirements.

Dialogic, Dialogic Pro, Brooktrout, Cantata, SnowShore, Eicon, Eicon Networks, Eiconcard, Diva, SIPcontrol, Diva ISDN, TruFax, Realblocs, Realcomm 100, NetAccess, Instant ISDN, TRXStream, Exnet, Exnet Connect, EXS, ExchangePlus VSE, Switchkit, N20, Powering The Service-Ready Network, Vantage, Connecting People to Information, Connecting to Growth, Making Innovation Thrive, and Shiva, among others as well as related logos, are either registered trademarks or trademarks of Dialogic. Dialogic's trademarks may be used publicly only with permission from Dialogic. Such permission may only be granted by Dialogic's legal department at 9800 Cavendish Blvd., 5th Floor, Montreal, Quebec, Canada H4M 2V9. Any authorized use of Dialogic's trademarks will be subject to full respect of the trademark guidelines published by Dialogic from time to time and any use of Dialogic's trademarks requires proper acknowledgement.

The names of actual companies and products mentioned herein are the trademarks of their respective owners.

This document discusses one or more open source products, systems and/or releases. Dialogic is not responsible for your decision to use open source in connection with Dialogic products (including without limitation those referred to herein), nor is Dialogic responsible for any present or future effects such usage might have, including without limitation effects on your products, your business, or your intellectual property rights.

Dialogic Corporation License Agreement

This Software License Agreement ("Agreement") is a legal Agreement for the conditional use of the software provided herein ("Program") between you, the end-user, whether an individual or a company and all of its authorized users of the Program ("You"), and Dialogic Corporation ("Dialogic"). By downloading, copying or otherwise using the Program, You agree to be bound by the terms of the foregoing license.

YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THE PROGRAM.

The Program may contain certain software applications and portions of applications which are provided to You under terms and conditions which are different from this Agreement (such as open source or community source), or which require Dialogic to provide Customer and its Subsidiaries with certain notices and/or information ("Excluded Code"). Dialogic will identify such Excluded Code in a text file or about box or in a file or files referenced thereby (and shall include any associated license agreement, notices and other related information therein), or the Excluded Code will contain or be accompanied by its own license agreement. Your use of the Excluded Code will be subject to the terms and conditions of such other license agreement solely to the extent such terms and conditions are inconsistent with the terms and conditions of this Agreement or are required by such other license agreement. By using or not uninstalling such Excluded Code after the initial installation of the Excluded Code You acknowledge and agree to all such license agreements, notices and information.

License

Under the terms and conditions of this Agreement:

• You may install and use one copy of the Program on a single-user computer, file server, or on a workstation of a local area network.
• Some or all functions of the Program may be available solely if the Program is used with one or more legally acquired Dialogic Activation Key(s).
• To obtain an Activation Key You must first purchase a Proof of Purchase Code (PPC). A PPC may be included in Your software or hardware package or You may have to purchase it separately.
• You will receive Your Activation Key upon registering the Proof of Purchase Code as directed in the PPC document.
• It may be possible to install multiple Activation Keys into the Program; in such a case, the total functionality provided by the Program will be the sum of the licensed functionalities controlled by the installed Activation Keys as long as the maximum capabilities of the Program are not exceeded and the functionalities are compatible.
• Your Activation Key(s) will restrict Your use of the Program. At least one of the following restriction schemes will be available to You when You register each PPC and request an Activation Key.

• The Activation Key may be associated with a specific Dialogic hardware device. In this case, the licensed functionality controlled by the Activation Key will be available solely if the same Dialogic hardware is present in the computer. You can move the Program to another computer solely if You move the specified Dialogic hardware to the new computer.

• The Activation Key may be associated with a specific Dialogic-supplied software protection device (‘dongle’). In this case, the licensed functionality controlled by the Activation Key will be available solely if the same dongle is present in the computer. You can move the Program to another computer solely if You also move the dongle to the new computer.

• The Activation Key may be associated with Your specific computer hardware platform. In this case, the licensed functionality controlled by the Activation Key will be available solely if no significant change is made to the hardware installed in the computer. Replacement Activation Keys may be issued at the discretion of Dialogic solely if Dialogic can determine that You have not moved the Program to another computer. Sufficient information must be provided to Dialogic to allow it to make that determination.

• In addition to the above restrictions, each Activation Key may have a specific term of use commencing from the date of PPC registration. In this case, the licensed functionality controlled by the Activation Key will not be available after the Activation Key has expired.
• The Activation process requires that You enter the following information into the web-based system to obtain an Activation Key:

• PPC

• The Device ID provided to You by the "Activation" function in the Program

• Your email address so that the Activation Key can be delivered to You by email

• Dialogic will retain the information above for the following purposes:

• Validation of future requests from You for replacement Activation Keys

• Sending renewal reminders to You in the case of limited time licenses.

• If the Dialogic hardware device that Activation Keys are associated with is judged to be defective by Dialogic following its standard practices, Dialogic’s Support department will issue to You replacement Activation Keys associated with the replacement device upon receipt of the faulty device by Dialogic. Replacement of the faulty device is subject to the terms of Dialogic's standard Hardware product Warranty in effect at the time You purchased the hardware product concerned ("Hardware Warranty"). If a valid Advance Replacement Insurance policy contract is in place for the Dialogic hardware product concerned, Dialogic will endeavor to expedite provision of Activation Keys associated with the replacement device.
• If the Dialogic-supplied software protection device (a "dongle" or "USB-stick") that Activation Keys are associated with is judged to be defective by Dialogic following its standard practices, Dialogic Support will issue to You replacement Activation Keys associated with the replacement device upon receipt by Dialogic of the failed device. Replacement of the faulty device is subject to the terms of Dialogic's Hardware Warranty.
• You may copy the Program into any machine readable or printed form for backup in support of Your use of one copy of the Program;
• You may make one copy of Dialogic’s documentation provided that all copyright notices contained within the documentation are retained;
• You may transfer the Program, documentation and the license to another eligible party within Your Company if the other party agrees to accept the terms and conditions of this Agreement. If You transfer the Program and documentation You must at the same time either transfer all copies whether in printed or machine readable form to the same party or destroy any copies not transferred;
• You may not rent or lease the Program. You may not reverse engineer, decompile or disassemble the Program. You may not use, copy, modify or transfer the Program and documentation, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this Agreement;
• You may not modify the Program in order to circumvent or subvert the protection mechanisms inherent in the program or attempt to use a time-limited Activation Key after it has expired;
• If You transfer possession of any copy, modification or merged portion of the Program or documentation to another party in any way other than as expressly permitted in this Agreement, this license is automatically terminated.

Term

The license is effective until terminated. You may terminate it at any time by destroying the Program and documentation together with all copies, modifications and merged portions in any form.

It will also terminate upon conditions set forth elsewhere in this Agreement or if You fail to comply with any terms or conditions of this Agreement at any time. You agree upon such termination to destroy the Program and documentation together with all copies, modifications and merged portions in any form.

Limited Warranty

The only warranty Dialogic makes, beyond the replacement of Activation Keys under the terms set out above, is that the medium on which the Program is recorded will be replaced without charge if Dialogic, in good faith, determines that it was defective in materials or workmanship and if returned to Your supplier with a copy of Your receipt within ninety (90) days from the date You received it. Dialogic offers no warranty for Your reproduction of the Program. This Limited Warranty is void if failure of the Program has resulted from accident, misuse, abuse or misapplication.

Customer Remedies

Dialogic’s entire liability and Your and Your Authorized Users exclusive remedy shall be, at Dialogic’s option, either (a) return of the price paid or (b) repair or replacement of the Program that does not meet the above Limited Warranty. Any replacement Program will be warranted for the remainder of the original Warranty period.

No Other Warranties

Dialogic disclaims all other warranties, either express or implied, including but not limited to implied warranties or merchantability and fitness for a particular purpose and the warranty against latent defects, with respect to the Program and the accompanying documentation. This limited warranty gives You specific legal rights. You may have others, which may vary from jurisdiction to jurisdiction.

No Liability for Consequential Damage

In no event shall Dialogic, its affiliates or its suppliers or their officers, directors or employees 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 this Agreement or 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

Dialogic's entire aggregate liability under any provision of this Agreement shall be limited to the amount actually paid by You for the affected Program.

Right to Audit

If this Program 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 installation 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 and of the installations of the Program 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 the Company exceeding by three percent (3%) or more the number of licensed channels for any function of the Program or the Company exceeding the licensed number of Authorized Users by three percent (3%) or more. 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 licensed channels or 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. Governments 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.

Governing Law

This Agreement shall be construed and controlled by the laws in force in the Province of Quebec, Canada with the exception of its conflict of laws rules. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement.

Miscellaneous

All rights and remedies, whether conferred hereunder or by any other instrument or law, will be cumulative and may be exercised singularly or concurrently. Failure by either Dialogic or You to enforce any term will not be deemed a waiver of future enforcement of that or any other term. The terms and conditions stated herein are declared to be severable. Should any term(s) or condition(s) of this Agreement be held to be invalid or unenforceable the validity, construction and enforceability of the remaining terms and conditions of this Agreement shall not be affected. You may not assign any rights, duties or obligations hereunder without the prior written approval of Dialogic and any attempt to assign any rights, duties or obligations hereunder without Dialogic's written consent will be void. It is expressly agreed that Dialogic and You are acting as independent contractors. These terms and conditions constitute the entire agreement between Dialogic and You with respect to the subject matter hereof. These terms and conditions will prevail notwithstanding any different, conflicting or additional terms and conditions that may appear on any other agreement between Dialogic and You. Deviations from these terms and conditions are not valid unless agreed to in writing in advance by an authorized representative of Dialogic. Any notice to Dialogic under this Agreement must be sent by courier or registered mail to the attention of Dialogic’s legal department at the address below.

Contractor/ manufacturer is:

DIALOGIC CORPORATION.

9800 Cavendish Blvd., Montreal, Quebec, Canada H4M 2V9

This Agreement has been drafted in English at the express wish of the parties. Ce contrat a été rédigé en anglais à la demande expresse des parties.