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IU 4350 Converged Network Appliance User Manual
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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 a 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 PROD-
UCT will perform substantially in accordance with the accompanying docu-
mentation 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.
POLYCOM does not warrant that your use of the SOFTWARE PRODUCT will
be uninterrupted or error free, or that all defects in the SOFTWARE PROD-
UCT will be corrected. You assume full responsibility for the selection of the
SOFTWARE PRODUCT to achieve your intended results and for the installa-
tion, use and results obtained from the SOFTWARE PRODUCT. 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 soft-
ware 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 SOFT-
WARE PRODUCT will be warranted for the remainder of the original war-
ranty period or thirty (30) days, whichever is longer.
6.2Warranties Exclusive. IF THE SOFTWARE PRODUCT DOES NOT OPER-
ATE 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 SOLE 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 MERCHANT-
ABILITY, 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 PER-
SON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION
WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF THE
SOFTWARE PRODUCT. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM POLYCOM OR
THROUGH OR FROM THE SOFTWARE PRODUCT SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
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 PARTY'S MISUSE, NEGLECT,
IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS
TO MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE