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Polycom SoundStation IP 5000 User Manual

Page 52

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2.6

Copyright. All title and copyrights in and to the Software Product (including, but not limited to, any

images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software

Product), the accompanying printed materials, and any copies of the Software Product are owned by

Polycom or its suppliers. The Software Product is protected by copyright laws and international treaty

provisions. Title, ownership rights, and intellectual property rights in the Software Product shall remain In

Polycom or its suppliers. Title and related rights in the content accessed through the Software Product is

the property of such content owner and may be protected by applicable law. This Agreement gives you no

rights in such content.

2.7

Confidentiality. The Software Product contains valuable proprietary information and trade secrets

of Polycom and its suppliers and you shall protect the confidentiality of, and avoid disclosure and

unauthorized use of, the Software Product.

2.8

Dual-Media Software. You may receive the Software Product in more than one medium.

Regardless of the type or size of medium you receive, you may use only one medium that is appropriate

for your single Product. You may not use or install the other medium on another Product.

2.9

Reservation. Polycom reserves all rights in the Software Product not expressly granted to you in this

Agreement.

3. SUPPORT SERVICES.

Polycom may provide you with support services related to the Software Product (“Support Services”). Use

of Support Services is governed by the Polycom policies and programs described in the

Polycom-provided materials. Any supplemental software code provided to you as part of the Support

Services is considered part of the Software Product and is subject to the terms and conditions of this

Agreement. With respect to technical information you provide to Polycom as part of the Support Services,

Polycom may use such information for its business purposes, including for product support and

development. Polycom will not utilize such technical information in a form that personally identifies you.

4. TERMINATION.

Without prejudice to any other rights, Polycom may terminate this Agreement if you fail to comply with

any of the terms and conditions of this Agreement. In such event, you must destroy all copies of the

Software Product and all of its component parts. You may terminate this Agreement at any time by

destroying the Software Product and all of its component parts.

5. UPGRADES.

If the Software Product is labeled as an upgrade, you must be properly licensed to use the software

identified by Polycom as being eligible for the upgrade in order to use the Software Product. A Software

Product labeled as an upgrade replaces and/or supplements the software that formed the basis for your

eligibility for the upgrade. You may use the resulting upgraded Software Product only in accordance with

the terms of this Agreement. If the Software Product is an upgrade of a component of package of software

programs that you licensed as a single product, the Software Product may be used and transferred only as

part of that single Software Product package and may not be separated for use on more than one Product.

6. WARRANTY AND WARRANTY EXCLUSIONS.

6.1

Limited Warranty. Polycom warrants that (a) the Software Product will perform substantially in

accordance with the accompanying documentation for a period of ninety (90) from the date of receipt by

you, and (b) any Support Services provided by Polycom shall be substantially as described in applicable

written materials provided to you by Polycom, and Polycom support engineers will make commercially

reasonable efforts to solve any problem issues. Polycom does not warrant that your use of the Software

Product will be uninterrupted or error free, or that all defects in the Software Product will be corrected.

Polycom’s sole obligation under this express warranty shall be, at Polycom’s option and expense, to

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