Polycom V2IU User Manual download pdf (Page 73)

Regulatory Notices

Regulatory Notices - 5

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 THE SOFTWARE PRODUCT. NO ADVICE OR INFORMATION,

WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLYCOM

OR THROUGH OR FROM THE SOFTWARE PRODUCT SHALL CREATE

ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

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 PARTY'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. YOUR USE OF THE SOFTWARE

PRODUCT IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE

FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA

THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE

PRODUCT. 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 OF 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 AGREEMENT, POLYCOM'S ENTIRE LIABILITY REGARDING

SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT

AGREEMENT.

8. INDEMNITY. You agree to indemnify and hold harmless POLYCOM

and its subsidiaries, affiliates, officers, agents, co-branders, customers or other

partners, and employees, from any loss, claim or demand, including

reasonable attorneys' fees, made by any third party due to or arising out of

your use of the SOFTWARE PRODUCT, your connection to the SOFTWARE

PRODUCT, or your violation of the Terms.

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Polycom V2IU User Manual Page 73

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