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SoundPoint IP 32x/33x User Guide
POLYCOM SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE
THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE SOFTWARE PRODUCT DOES NOT EXIST OR WAS
CAUSED BY YOUR OR ANY THIRD PERSON’S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING,
UNAUTHORIZED ATTEMPTS TO MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF
THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, POWER CUTS OR OUTAGES, OTHER HAZARDS,
OR ACTS OF GOD.
7. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POLYCOM OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING. WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF POLYCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, POLYCOM’S ENTIRE LIABILITY SHALL BE LIMITED TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00; PROVIDED, HOWEVER,
IF YOU HAVE ENTERED INTO A POLYCOM SUPPORT SERVICES AGREEEMNT, POLYCOM’S ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
8. 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 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
Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using this
Software Product, you are agreeing to the foregoing and you are representing and warranting that you
are not located in, under the control of, or a national or resident of any such country or on any such list.
If you obtained this Software Product outside of the United States, you are also agreeing that you will
not export or re-export it in violation of the laws of the country in which it was obtained.
10. MISCELLANEOUS.
10.1 Governing Law. This Agreement shall be governed by the laws of the State of California, as such
laws are applied to agreements entered into and to be performed entirely within California between
California residents, and by the laws of the United States. The United Nations Convention on Contracts