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User Guide V
2
IU 4300T Converged Network Appliance
Regulatory Notices - 4
4. TERMINATION. Without prejudice to any other rights, POLYCOM
may terminate this Agreement if you fail to comply with any of the terms and
conditions of this Agreement. In such event, you must destroy all copies of the
SOFTWARE PRODUCT and all of its component parts. You may terminate
this Agreement at any time by destroying the SOFTWARE PRODUCT and all
of its component parts. Termination of this Agreement shall not prevent
POLYCOM from claiming any further damages. If you do not comply with
any of the above restrictions, this license will terminate and you will be liable
to POLYCOM for damages or losses caused by your non-compliance. The
waiver by POLYCOM of a specific breach or default shall not constitute the
waiver of any subsequent breach or default.
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 a 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) days 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. 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. You assume full
responsibility for the selection of the SOFTWARE PRODUCT to achieve your
intended results and for the installation, use and results obtained from the
SOFTWARE PRODUCT. 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 THE 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 SOLE
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