Polycom SpectraLink 1725-36092-001 - Manual (Page 37)

Polycom® SpectraLink® 6020 Wireless Handset User Guide
October, 2011 | 1725-36729-001_D.docx 37
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 refund the purchase price paid by you for any defective software product which is
returned to Polycom with a copy of your receipt, or to replace any defective media with software which substantially
conforms to applicable Polycom published specifications. Any replacement Software Product will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is longer.
LIMITATION OF WARRANTY: Products purchased hereunder may include an Application Programming Interface,
including, without limitation, the XHTML based API and the OAI API or any other API that may included in future
software releases, which is resident on the Product and which enables external, third party control of the application-
specific elements of the Product and provides third-party applications developers with tools for integration with the
Product (the “API Software”). Polycom does not and cannot warrant that: (i) certain performance or results may be
obtained using the API Software; (ii) the API Software is appropriate for Purchaser’s purposes or particular
application; or (iii) the API Software is error or bug free of that it will provide uninterrupted usage. ACCORDINGLY,
THE API SOFTWARE AND ITS DOCUMENTATION IS LICENSED "AS IS" WITHOUT ANY WARRANTY AS TO
THEIR QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE API SOFTWARE IS ASSUMED BY
PURCHASER.
6.2 Warranties Exclusive. If this Software Product does not operate as warranted above, your sole remedy for
breach of that warranty shall be repair, replacement, or refund of the purchase price paid, at Polycom’s option. TO
THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE
AND ARE IN LIEU OF All OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN
FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,
CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. POLYCOM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT
ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, OR USE OF THIS
SOFTWARE PRODUCT.