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Polycom's obligation to repair, replace, or refund, as set forth above, is your exclusive
remedy.
Except as specifically set forth above, Polycom, its affiliates, suppliers, and dealers make
no warranties, express or implied, and specifically disclaim any warranties of
merchantability or fitness for a particular purpose.
Limitation of Liability
Except as provided below, the liability of Polycom and its affiliates and suppliers for any
claims, losses, damages, or expenses from any cause whatsoever (including acts or
omissions of third parties), regardless of the form of action, whether in contract, tort, or
otherwise, shall not exceed the lessor of: (1) the direct damages proven; or (2) the repair
cost, replacement cost, license fee, annual rental charge, or purchase price, as the case
may be, of the equipment that gives rise to the claim. Except as provided below,
Polycom and its affiliates and suppliers shall not be liable for any incidental, special,
reliance, consequential, or indirect loss or damage incurred in connection with the equip-
ment. As used in this paragraph, consequential damages include, but are not limited to,
the following: lost profits, lost revenues, and losses arising out of unauthorized use (or
charges for such use) of common carrier telecommunications services or facilities acces-
sed through or connected to the equipment. For personal injury caused by Polycom's
negligence, Polycomís liability shall be limited to proven damages to person. No action
or proceeding against Polycom or its affiliates or suppliers may be commenced more
than twenty-four (24) months after the cause of action accrues. THIS PARAGRAPH
SHALLSURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
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Canadian Department of Communications Notice
Notice: The Canadian Department of Communications (DOC) label identifies certified
equipment. This certification means that the equipment meets certain telecommunication
network protective, operational, and safety requirements. The department does not
guarantee the equipment will operate to the userís satisfaction.
Before installing this equipment make sure you are permitted to connect it to the
facilities of the local telecommunications company. You must install the equipment using
an acceptable method of connection. In some cases you may also extend the companyís
inside wiring for single line individual service by means of certified connector assembly
(telephone extension card.) You should be aware, however, that compliance with the
above condition may not prevent degradation of service in some situations.
Polycom Limited Warranty and Limitation of Liability
Limited Warranty
Polycom warrants you, the customer, that your system will be in good working order on
the date Polycom or its authorized reseller delivers or installs the system, whichever is
later (Warranty Date). If you notify Polycom or its Authorized Dealer within one year of
the Warranty Date that your system is not in good working order, Polycom will, without
charge to you, repair or replace, at its option, the system components that are not in good
working order. Repair or replacement parts may be new or refurbished and will be
provided on an exchange basis. If Polycom determines that your system cannot be
repaired or replaced, Polycom will remove the system and, at your option, refund the
purchase price of your system or apply the purchase price towards the purchase of
another Polycom system. If you purchased your system directly from Polycom,
Polycom will perform warranty repair in accordance with the terms and conditions of the
specific type of Polycom maintenance coverage you selected. Awritten explanation of
Polycom's types of maintenance coverage may be obtained from Polycom by calling
1.800.451.0995 (in the continental U.S. only). If you purchased your system from a
Polycom Authorized Dealer, contact your reseller for the details of the maintenance plan
applicable to your system.
This Polycom limited warranty covers damage to the system caused by power surges.
Unless otherwise expressly agreed to in a written agreement signed by Polycom,
Polycom will not be responsible under this limited warranty for damages resulting from:
Failure to follow Polycom's installation, operation, or maintenance instructions.
Unauthorized system modification, movement, or alteration.
Unauthorized use of common carrier communication services accessed through the
system.
Abuse, misuse, negligent acts or omissions of the customer and persons under the
customer's control; or
Acts of third parties and acts of God.
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