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EULA
5. UPGRADES.
If the Software Product is labeled as an upgrade, you must be properly licensed to use the software
identified by Polycom as being eligible for the upgrade in order to use the Software Product. A Software
Product labeled as an upgrade replaces and/or supplements the software that formed the basis for your
eligibility for the upgrade. You may use the resulting upgraded Software Product only in accordance with
the terms of this Agreement. If the Software Product is an upgrade of a component of package of
software programs that you licensed as a single product, the Software Product may be used and
transferred only as part of that single Software Product package and may not be separated for use on
more than one Product.
6. WARRANTY AND WARRANTY EXCLUSIONS.
6.1 Limited Warranty. Polycom warrants that (a) the Software Product will perform substantially in
accordance with the accompanying documentation for a period of ninety (90) from the date of receipt
by you, 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 of 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.