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4 – 6 SAFETY AND REGULAT I O N S
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 equipment. As used in this paragraph, consequential damages include, but are not
limited to, the fo l l ow i n g : lost pro fi t s , lost reve nu e s , and losses arising out of unauthori ze d
use (or ch a rges for such use) of common carrier telecommu n i c a tions services or fa c i l i t i e s
accessed through or connected to the equipment. For personal injury caused by
Po ly c o m ’s neg l i ge n c e, Po ly c o m ’s liability shall be limited to proven damages to pers o n .
No action or proceeding against Po l ycom or its affi l i ates or suppliers may be
commenced more than twenty-four (24) months after the cause of action accrues.
THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
Safety, Regulatory and Warranty
SoundPoint Pro Appendix
Chapter 5