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Polycom, Inc. 77
Polycom KIRK Butterfly User Guide General Information
3. SUPPORT SERVICES.
POLYCOM may provide you with support services related to the SOFTWARE
PRODUCT("SUPPORT SERVICES "). Use of SUPPORT SERVICES is governed
by the POLYCOM policies and programs described in the POLYCOM -
provided materials. Any supplemental software code provided to you as part
of the SUPPORT SERVICES is considered part of the SOFTWARE PRODUCT
and is subject to the terms and conditions of this Agreement. With respect to
technical information you provide to POLYCOM as part of the SUPPORT
SERVICES, POLYCOM may use such information for its business purposes,
including for product support and development. POLYCOM will not utilize
such technical information in a form that personally identifies you.
4. TERMINATION.
Without prejudice to any other rights, POLYCOM may terminate this
Agreement if you fail to comply with any of the terms and conditions of this
Agreement. In such event, you must destroy all copies of the SOFTWARE
PRODUCT and all of its component parts. You may terminate this Agreement
at any time by destroying the SOFTWARE PRODUCT and all of its component
parts.
5. UPGRADES.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly
licensed to use the software identified by POLYCOM as being eligible for the
upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE
PRODUCT labeled as an upgrade replaces and/or supplements the software
that formed the basis for your eligibility for the upgrade. You 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.
6.1 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.
76


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