be “technical data commercial items” pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display, or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b).

9.4.Relationship Between the Parties. The relationship between you and Polycom is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be construed to limit either party's right to independently develop or distribute software that is functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.

9.5.Entire Agreement. This Agreement represents the complete agreement concerning this license and may 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.

www.polycom.com

Corporate Headquarters: 4750 Willow Road, Pleasanton, CA 94588, USA Phone 408-526.9000 Fax: 408-526-9100

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