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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.
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.
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