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Polycom Telepresence m100 Help Book
74
and/or executable version(s) of Covered Code under (1) this License; (2) a license identical to this License but
for only such changes as are necessary in order to clarify Recipient's role as licensor of Modifications; and/or
(3) a license of Recipient's choosing, containing terms different from this License, provided that the license
terms include this Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified or
superseded by any other terms of such license. If Recipient elects to use any license other than this License,
Recipient must make it absolutely clear that any of its terms which differ from this License are offered by
Recipient alone, and not by SGI. It is emphasized that this License is a limited license, and, regardless of the
license form employed by Recipi ent in accordance with this Section 3.2, Recipient may relicense only such
rights, in Original Code and Modifications by SGI, as it has actually been granted by SGI in this License.
3.3 Indemnity. Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as a result of any
such alternative license terms Recipient offers.
4. Termination. This License and the rights granted hereunder will terminate automatically if Recipient breaches
any term herein and fails to cure such breach within 30 days thereof. Any sublicense to the Covered Code that is
properly granted shall survive any termination of this License, absent termination by the terms of such
sublicense. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall
survive.
5. No Trademark Or Other Rights. This License does not grant any rights to: (i) any software apart from the
Covered Code, nor shall any other rights or licenses not expressly granted hereunder arise by implication, estoppel
or otherwise with respect to the Covered Code; (ii) any trade name, trademark or service mark whatsoever,
including without limitation any related right for purposes of endorsement or promotion of products derived from the
Covered Code, without prior written permission of SGI; or (iii) any title to or ownership of the Original Code, which
shall at all times remains with SGI. All rights in the Original Code not expressly granted under this License are
reserved.
6. Compliance with Laws; Non-Infringement. There are various worldwide laws, regulations, and executive orders
applicable to dispositions of Covered Code, including without limitation export, re-export, and import control laws,
regulations, and executive orders, of the U.S. government and other countries, and Recipient is reminded it is
obliged to obey such laws, regulations, and executive orders. Recipient may not distribute Covered Code that (i) in
any way infringes (directly or contributorily) any intellectual property rights of any kind of any other person or entity
or (ii) breaches any representation or warranty, express, implied or statutory, to which, under any applicable law, it
might be deemed to have been subject.
7. Claims of Infringement. If Recipient learns of any third party claim that any disposition of Covered Code and/or
functionality wholly or partially infringes the third party's intellectual property rights, Recipient will promptly notify
SGI of such claim.
8. Versions of the License. SGI may publish revised and/or new versions of the License from time to time, each
with a distinguishing version number. Once Covered Code has been published under a particular version of the
License, Recipient may, for the duration of the license, continue to use it under the terms of that version, or choose
to use such Covered Code under the terms of any subsequent version published by SGI. Subject to the provisions
of Sections 3 and 4 of this License, only SGI may modify the terms applicable to Covered Code created under this
License.
9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND IMPLIED
WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT,
SGI ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS
AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE,
SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE