Polycom 5040, 5020 manual Limitation of Liability

Polycom Kirk 5020-5040 User Guide Information

and (b) any SUPPORT SERVICES provided by POLYCOM shall be substantially as described in applicable written materials provided to you by POLYCOM, and POLYCOM support engineers will make commercially reasonable efforts to solve any problem issues. 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. 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 or 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.

6.2Warranties Exclusive. IF THIS 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 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 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 THIS SOFTWARE PRODUCT. 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 PERSON'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.

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

84 Polycom, Inc.