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End-user license agreement for polycom software – Polycom KIRK 14158600-HD User Manual

Page 81

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Polycom, Inc.

81

Polycom Kirk 5020-5040 User Guide

General Information

For information on Polycom service, go to the Polycom web site

www.polycom.com

, products and services menu, or call 1-800-765-9266,

outside the US call 1-

408-526-9000, or your local Polycom Office, as listed on the Polycom Web site.

LIMITATION OF LIABILITY

. TO THE FULL EXTENT ALLOWED BY LAW,

POLYCOM EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY,
WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE),
FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR
PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR
PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR
OTHER FINANCIAL LOSS ARISING

OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION,
MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF
ITS PRODUCTS, EVEN IF POLYCOM OR ITS AUTHORIZED RESELLER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS
ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND OF THE
PURCHASE PRICE PAID, AT POLYCOM'S OPTION. THIS DISCLAIMER OF
LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY
PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.

DISCLAIMER

. Some countries, states, or provinces do not allow the exclusion

or limitation of implied warranties or the limitation of incidental or
consequential damages for certain products supplied to consumers, or the
limitation of liability for personal injury, so the above limitations and
exclusions may be limited in their application to you. When the implied
warranties are not allowed to be excluded in their entirety, they will be limited
to the duration of the applicable written warranty. This warranty gives you
specific legal rights which may vary depending on local law.

GOVERNING LAW.

This Limited Warranty and Limitation of Liability shall

be governed by the laws of the State of California, U.S.A., and by the laws of the
United States, excluding their conflicts of laws principles. The United Nations
Convention on Contracts for the International Sale of Goods is hereby excluded
in its entirety from application to this Limited Warranty and Limitation of
Liability.

END-USER LICENSE AGREEMENT FOR POLYCOM SOFTWARE

IMPORTANT - READ CAREFULLY BEFORE USING THE SOFTWARE
PRODUCT:

This End-User License Agreement ("Agreement") is a legal agreement between
you (either an individual or a single entity) and Polycom, B.V

for the

POLYCOM

®

SOFTWARE PRODUCT licensed by Polycom, B.V in Europe, the

Middle East, Africa, and Asia Pacific, or the POLYCOM

SOFTWARE PRODUCT

licensed by Polycom, Inc. in the rest of the world (collectively referred to herein
as “POLYCOM”). The SOFTWARE PRODUCT includes computer software as
attached hereto and may include associated media, printed materials, and
"online" or electronic documentation ("SOFTWARE PRODUCT"). By clicking “I
agree” or by installing, copying, or otherwise using the SOFTWARE
PRODUCT, you agree to be bound by the terms of this Agreement. If you do
not agree to the terms of this Agreement, do not install or use the SOFTWARE