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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.