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User Guide V
2
IU 6400-S Converged Network Appliance
Regulatory Notices - 6
9. 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 due to local law,
they will be limited to the duration of the applicable warranty.
10. 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, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria, Republic
of Serbia, 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 the 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.
11. MISCELLANEOUS.
11.1 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.
11.2 Entire Agreement. This Agreement represents the complete
agreement concerning the SOFTWARE PRODUCT and may be 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.
11.3 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.
11.4 U.S. Government Restricted Rights. The SOFTWARE
PRODUCT and documentation are provided with RESTRICTED RIGHTS.
The SOFTWARE PRODUCT programs and documentation are deemed to be
"commercial computer software" and "commercial computer software
documentation", respectively, pursuant to DFAR Section 227.7202 and FAR
12.212(b), as applicable. Any use, modification, reproduction, release,
performance, display or disclosure of the SOFTWARE PRODUCT programs
and/or documentation by the U.S. Government or any of its agencies shall be
governed solely by the terms of this Agreement and shall be prohibited except
to the extent expressly permitted by the terms of this Agreement. Any
technical data provided that is not covered by the above provisions is deemed
to be "technical data-commercial items" pursuant to DFAR Section 227.7015(a).