Polycom SpectraLink 1725-36092-001 User Manual

Page 38

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Polycom® SpectraLink® 6020 Wireless Handset User Guide

October, 2011 | 1725-36729-001_D.docx

38

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 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 YOU HAVE ENTERED INTO A POLYCOM SUPPORT SERVICES AGREEEMNT, POLYCOM’S
ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT
AGREEMENT.

8. DISCLAIMER.

Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of
incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for
personal injury, so the above limitations and exclusions may be limited in their application to you When the implied
warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written
warranty. This warranty gives you specific legal rights which may vary depending on local law.

9. EXPORT CONTROLS.

The Software Product may not be downloaded or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce
Department’s Table of Denial Orders. By downloading or using this Software Product, you are agreeing to the
foregoing and you are representing and warranting that you are not located in, under the control of, or a national or
resident of any such country or on any such list. If you obtained this Software Product outside of the United States,
you are also agreeing that you will not export or re-export it in violation of the laws of the country in which it was
obtained.

10. MISCELLANEOUS.

10.1

Governing Law.

This Agreement shall be governed by the laws of the State of California, as such laws are

applied to agreements entered into and to be performed entirely within California between California residents, and
by the laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods
(1980) is hereby excluded in its entirety from application to this Agreement.

10.2

General.

This Agreement represents the complete agreement concerning this license and may amended only

by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable.

10.3

Contact.

If you have any questions concerning this Agreement, or if you desire to contact Polycom for any

reason, please contact the Polycom office serving your country.

10.4

U.S. Government Restricted Rights.

The software and documentation provided by Polycom pursuant to

this Agreement are “Commercial Items,” as the term is defined at 48 C.F.R. §2.101, consisting of “Commercial
Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software
Documentation are licensed to United States Government end users (1) only as Commercial Items and (2) with only
those rights as are granted to all other users pursuant to the terms of this Agreement.
Contact: Polycom Corporate Headquarters at 4750 Willow Road, Pleasanton, CA 94588, USA. Phone: 925.924.6000.
Online:

www.polycom.com

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