refund the purchase price p aid by you for any defective softw are product w hich is returned to Polycom
with a cop y of your receipt, or to replace any defective media w ith software w hich substantially conforms
to applicable Polycom p ublished specifications. Any rep lacem ent Softw are Prod uct will be warranted for
the remaind er of the original warranty period or thirty (30) days, whichever is longer.
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 TH E FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRAN TIES AND
REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF All OTH ER WARRANTIES, TERMS OR
CONDITION S, EXPRESS OR IMPLIED, EITH ER IN FACT OR BY OPERATION OF LAW, STATUTORY
OR OTHERWISE, INCLUDING WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDEN CE WITH
DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
POLYCOM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY
OTH ER LIABILITY IN CON N ECTION WITH TH E SALE, INSTALLATION , MAIN TENAN CE, OR USE
OF THIS SOFTWARE PRODUCT.
POLYCOM SHALL N OT BE LIABLE UNDER TH IS WARRAN TY IF ITS TESTING AN D EXAMIN ATION
DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN TH E SOFTWARE PRODUCT DOES
NOT EXIST OR WAS CAUSED BY YOUR OR AN Y THIRD PERSON ’S MISUSE, N EGLECT, IMPROPER
INSTALLATION OR TESTING, UNAUTH ORIZED ATTEMPTS TO MODIFY THE PRODUCT, OR ANY
OTH ER CAUSE BEYON D TH E RAN GE OF TH E IN TENDED USE, OR BY ACCIDEN T, FIRE,
LIGHTNING, POWER CUTS OR OUTAGES, OTHER HAZARDS, OR ACTS OF GOD.
7. LIMITATION OF LIABILITY.
TO TH E MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN N O EVEN T SH ALL POLYCOM
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDEN TAL, INDIRECT, OR CON SEQUEN TIAL
DAMAGES WHATSOEVER (IN CLUDIN G. WITH OUT LIMITATION , DAMAGES FOR LOSS OF
BUSIN ESS PROFITS, BUSIN ESS IN TERRU P TION , LO SS OF BUSIN ESS IN FORMATIO N , OR AN Y
OTH ER PECUN IARY LOSS) ARISING OUT OF TH E USE OR INABILITY TO USE THE SOFTWARE
PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
POLYCOM H AS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN AN Y CASE,
POLYCOM’S ENTIRE LIABILITY SHALL BE LIMITED TO TH E GREATER OF TH E AMOUN T
ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, H OWEVER, IF
YOU H AVE EN TERED IN TO A POLYCOM SUPPORT SERVICES AGREEEMN T, POLYCOM’S ENTIRE
LIABILITY REGARDIN G SUPPORT SERVICES SHALL BE GOVERNED BY TH E TERMS OF THAT
AGREEMENT.
8. DISCLAIMER.
Some cou ntries, states, or p rovinces d o not allow the exclusion or limitation of imp lied w arranties or the
limitation of incidental or consequential d am ages for certain prod u cts supplied to consumers, or the
limitation of liability for personal injury, so the above lim itations and exclusions may be limited in their
app lication to you When the implied warranties are not allowed to be exclu d ed in their entirety, they will
be limited to the d uration of the ap p licable w ritten warranty. This warranty gives you specific legal rights
which m ay vary defending on local law .
9. EXPORT CONTROLS.
The Software Product may not be downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S Treasury Department’s List of Specially Designated
Nation als or th e U.S. Com m erce Dep artment’s Table of Denial Ord ers. By d ow n loading or u sing th is
Software Product, you are agreeing to the foregoing and you are representing and warranting that you are
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