Polycom V2IU 4350 user manual Warranty and Warranty Exclusions

V2IU 4350 Converged Network Appliance User Manual

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.

6.1Limited Warranty. POLYCOM warrants that (a) the SOFTWARE PROD- UCT will perform substantially in accordance with the accompanying docu- mentation 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 PROD- UCT will be corrected. You assume full responsibility for the selection of the SOFTWARE PRODUCT to achieve your intended results and for the installa- tion, 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 soft- ware 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 SOFT- WARE PRODUCT will be warranted for the remainder of the original war- ranty period or thirty (30) days, whichever is longer.

6.2Warranties Exclusive. IF THE SOFTWARE PRODUCT DOES NOT OPER-

ATE 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 IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANT- ABILITY, 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 PER- SON 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

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