Polycom KIRK KWS8000 User Manual

Page 30

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Regulatory Notices

3–11

6.1 Limited Warranty. POLYCOM warrants that (a) the SOFTWARE

PRODUCT will perform substantially in accordance with the accompanying

documentation for a period of ninety (90) days 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

or 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.
6.2 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

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