Polycom SIP 3.1 manual Export Controls, Miscellaneous

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.

8. EXPORT CONTROLS.

8.1.Export Controls. The Software 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 this Software, 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 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.

9. MISCELLANEOUS.

9.1.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.

9.2.Venue for Resolving Disputes. Any disputes relating to this Agreement will be resolved only in the state or federal courts located in Santa Clara County, California. Each of the parties agrees to the exercise over them of the personal jurisdiction of such courts for such purpose.

9.3.U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. The Software 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 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). 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