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Polycom Kirk 5020-5040 User Guide General Information
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING
OUT OF THE USE OF 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
AGREEMENT, 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
depending 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, Iraq, Libya, North
Korea, Yugoslavia, Iran, Syria, Republic of Serbia, 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 the
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 for the
International Sale of Goods (1980) is hereby excluded in its entirety from
application to this Agreement.
10.2 General. This Agreement represents the complete agreement concerning
this license and may amended only by a writing executed by both parties. If any
provision of this Agreement is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable.
10.3 Contact. If you have any questions concerning this Agreement, or if you
desire to contact POLYCOM for any reason, please contact the POLYCOM
office serving your country.