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Polycom KIRK Butterfly User Guide General Information
78 Polycom, Inc.
6.2 Warranties 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
YOU HAVE ENTERED INTO A POLYCOM SUPPORT SERVICES
AGREEMENT, POLYCOM'S ENTIRE LIABILITY REGARDING SUPPORT
SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
8. DISCLAIMER.
Some countries, states, or provinces do not allow the exclusion or limitation of
implied warranties or the limitation of incidental or consequential damages 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. When the implied warranties are not allowed to be excluded
in their entirety, they will be limited to the duration of the applicable written
warranty. This warranty gives you specific legal rights which may vary
depending on local law.
9. EXPORT CONTROLS.
77


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