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Polycom, Inc. 75
Polycom Kirk 7010-7020-7040 User Guide General Information
and (b) any SUPPORT SERVICES provided by POLYCOM shall be
substantially as described in applicable written materials provided to you by
POLYCOM, and POLYCOM support engineers will make commercially
reasonable efforts to solve any problem issues. POLYCOM does not warrant
that your use of the SOFTWARE PRODUCT will be uninterrupted or error free,
or that all defects in the SOFTWARE PRODUCT will be corrected. POLYCOM's
sole obligation under this express warranty shall be, at POLYCOM's option and
expense, to refund the purchase price paid by you for any defective software
product which is returned to POLYCOM with a copy or 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 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