Polycom 1 manual License Restrictions, Warranty Information

Administrator’s Guide for Polycom HDX Systems

License Restrictions

THE SOFTWARE PROGRAMS CONTAINED OR DESCRIBED HEREIN ARE CONFIDENTIAL INFORMATION AND PROPRIETARY PRODUCTS OF POLYCOM, INC. OR ITS LICENSORS.

Buyer shall not sublicense or otherwise distribute any of the Subject Programs except to End Users and/or resellers who have entered into a Sublicense Agreement. For purposes of this Agreement a “Sublicense Agreement” shall mean a written license agreement between the Buyer and its purchaser, or, in the case of any sale by Buyer to a reseller, between such reseller and the End User, that is either 1) signed by the End User or 2) included with the Documentation, in such a manner that the End User reasonably indicates its acceptance of the Sublicense Agreement by turning on and using the Computer Equipment. Polycom, Inc. shall include so-called “break the seal software licenses” with the Documentation, and Buyer shall not remove or alter any such Sublicense Agreements or any notifications or warning stickers relating thereto. Buyer shall not waive, amend, or otherwise modify any Sublicense Agreement without Polycom’s prior consent.

Title to all Subject Programs shall at all times remain and vest solely with Polycom, Inc. and its licensors. Buyer acknowledges Polycom’s claim that the Subject Programs are its trade secret and confidential property, and shall treat them as such. Buyer will not attempt to disassemble, decompile, reverse-engineer or otherwise endeavor to discover or disclose the methods and concepts embodied in the Subject Programs. Except as expressly allowed under this Agreement, the Buyer shall not copy, modify, transcribe, store, translate, sell, lease, or otherwise transfer or distribute any of the Subject Programs in whole or in part, without prior authorization, in writing, from Polycom, Inc. Buyer shall not remove or destroy any copyright, patent, trademark or other proprietary mark or notice on Computer Equipment, and shall reproduce any such marks on any copies of Subject Programs that it makes hereunder.

You shall not, and shall not allow, any third party to 1) decompile, disassemble, or otherwise reverse-engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the software by any means whatsoever or 2) remove any product.

Warranty Information

LIMITED WARRANTY. Polycom warrants to the end user (“Customer”) that the product will be free from defects in workmanship and materials, under normal use and service, for one year, or such longer period as Polycom may announce publicly from time to time for particular products, from the date of purchase from Polycom or its authorized reseller.

Polycom’s sole obligation under this express warranty shall be, at Polycom’s option and expense, to repair the defective product or part, deliver to Customer an equivalent product or part to replace the defective item, or if neither of the two foregoing options is reasonably available, Polycom may, in its sole discretion, refund to Customer the purchase price paid for the defective product. All products that are replaced will become the property of Polycom. Replacement products or parts may be new or reconditioned. Polycom warrants any replaced or repaired product or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.

Products returned to Polycom must be sent prepaid and packaged appropriately for safe shipment, and it is recommended that they be insured or sent by a method that provides for tracking of the package. Responsibility for loss or damage does not transfer to Polycom until the returned item is received by Polycom. The repaired or replaced item will be shipped to Customer, at Polycom's expense, not later than thirty (30) days after Polycom receives the defective product, and Polycom will retain risk of loss or damage until the item is delivered to Customer.

Regulatory Notices - 2