EULA
5. UPGRADES.
If the Software Product is labeled as an upgrade, you must be properly licensed to use the software identified by Polycom as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces and/or supplements the software that formed the basis for your eligibility for the upgrade. You 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 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 Product will perform substantially in accordance with the accompanying documentation for a period of ninety (90) 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, 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 of 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
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.
