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End-user license agreement for polycom software – Polycom KIRK KWS8000 User Manual

Page 27

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Polycom KIRK Wireless Server 8000 Installation Guide

3–8

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 PRODUCT, and return it to your place of purchase for

a full refund.

T

he

SOFTWARE PRODUCT

is protected by copyright laws and

internationa

l

copyright treaties, as we

ll

as other inte

ll

ectua

l

property

l

aws and

treaties. The

SOFTWARE PRODUCT

is licensed (not sold) to you, and its use is

subject to the terms o

f

this

A

greement.

1. GRANT OF LICENSE.
Subject to the terms of this Agreement, POLYCOM grants to you a

non-exclusive license to install and use the SOFTWARE PRODUCT on the

POLYCOM product with which this SOFTWARE PRODUCT is supplied (the