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Polycom, Inc. 79
Polycom KIRK Butterfly User Guide General Information
The SOFTWARE PRODUCT 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 the
SOFTWARE PRODUCT, 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 PRODUCT 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.
10. MISCELLANEOUS.
10.1 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.
10.2 General. 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.
10.3 Contact. If you have any questions concerning this Agreement, or if you
desire to contact POLYCOM for any reason, please contact the POLYCOM
office serving your country.
— 10.4 U.S. Government Restricted Rights. The SOFTWARE PRODUCT
and documentation are provided with RESTRICTED RIGHTS. The
SOFTWARE PRODUCT 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 PRODUCT 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).
78


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