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Regulatory Notices
5
RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING,
POWER CUTS OR OUTAGES, OTHER HAZARDS, OR ACTS OF GOD.
7.LIMITATION OF LIABILITY. YOUR USE OF THE SOFTWARE PRODUCT
IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE PROD-
UCT. 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 BUSI-
NESS 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 AGREE-
MENT, POLYCOM'S ENTIRE LIABILITY REGARDING SUPPORT SER-
VICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
8.INDEMNITY. You agree to indemnify and hold harmless POLYCOM and its
subsidiaries, affiliates, officers, agents, co-branders, customers or other part-
ners, and employees, from any loss, claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of
the SOFTWARE PRODUCT, your connection to the SOFTWARE PRODUCT,
or your violation of the Terms.
9.DISCLAIMER. Some countries, states, or provinces do not allow the exclu-
sion or limitation of implied warranties or the limitation of incidental or con-
sequential damages for certain products supplied to consumers, or the
limitation of liability for personal injury, so the above limitations and exclu-
sions may be limited in their application to you. When the implied warranties
are not allowed to be excluded in their entirety due to local law, they will be
limited to the duration of the applicable warranty.
10. EXPORT CONTROLS. The SOFTWARE PRODUCT may not be down-
loaded or otherwise exported or re-exported (i) into (or to a national or resi-
dent 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.
11.MISCELLANEOUS.
11.1Governing 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