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求这本书International Student Version 的International Student Version 9th
Lenskit
2014-10-16 10:38:22
老师要求要用,网上根本买不起啊
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求这本书International Student Version 的International Student Version 9th
老师要求要用,网上根本买不起啊
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低调是种无声的高调
2014-10-16
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这么高级的,我没有
polycom宝利通视频会议软件3.9 2018
Polycom Re
al
Presence 桌面是一个易于使用的视频协作应用程序, 为 PC 用户提供高清质量的音频, 视频和内容共享。与类似的专有应用程序不同, Re
al
Presence 桌面是基于标准的, 并扩展了组织现有的视频启用网络, 使最终用户能够在办公室内或在路上使用相同的高质量体验。 END USER LICENSE AGREEMENT FOR POLYCOM® SOFTWARE IMPORTANT-READ CAREFULLY BEFORE USING THE SOFTWARE: This End-User License Agreement ("Agreement") is a leg
al
agreement between you and/or any company you represent, “you” and either Polycom (Netherlands) B.V. (if you are located in Europe, Middle East, or Africa), Polycom Asia Pacific PTE Ltd. (if you are located in Asia Pacific), or Polycom, Inc. (if you are located in the rest of the world) (each referred to individu
al
ly and collectively herein as “POLYCOM”), for the SOFTWARE PRODUCT (as defined below) licensed by POLYCOM or its suppliers. Unless otherwise agreed in writing by POLYCOM, by accepting these terms or by inst
al
ling, downloading, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be and will be bound by the terms of this Agreement as a condit
ion
of your license and the terms and condit
ion
s of this Agreement will prevail over any inconsistent, conflicting, addit
ion
al
or prepr
inte
d terms. If you do not agree to the terms of this Agreement, your use is prohibited and you may not inst
al
l or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and
inte
r
nat
ion
al
copyright treaties, as well as other
inte
llectu
al
property laws and treaties. The SOFTWARE PRODUCT is licensed (not sold) to you, and its use is subject to the terms of this Agreement. This is NOT a s
al
e contract. DEFINIT
ION
S “SOFTWARE PRODUCT” means computer software, including any software updates or upgrades thereto, and associated media, pr
inte
d materi
al
s, and "online" or electronic documentat
ion
identified on an AUTHORIZED PURCHASE ORDER. “CONCURRENT USER” is a type of license and means the number of person
al
devices, endpoints, applicat
ion
s or any other authorized means of access that may concurrently use or access the SOFTWARE PRODUCT or one or more of the Re
al
Presence® Clariti™ SOFTWARE PRODUCT components. “DEVICE” means the POLYCOM hardware product with which the SOFTWARE PRODUCT is supplied or, if this SOFTWARE PRODUCT is delivered as software only, on a device (including but not limited to minimum hardware or software requirements) outlined in the SOFTWARE PRODUCT supporting documentat
ion
. “AUTHORIZED PURCHASE ORDER” means an ordering document describing the type, durat
ion
and number of SOFTWARE PRODUCT licenses ordered by you through, and accepted by, an AUTHORIZED SELLER. “AUTHORIZED SELLER” means POLYCOM or any of POLYCOM’s distributors, resellers or other business partners authorized to resell POLYCOM products. “LICENSE ACTIVAT
ION
” means the date you enter the license key provided to you by an AUTHORIZED SELLER. I. DEMONSTRAT
ION
/LABORATORY/DEVELOPER LICENSE If you have received the SOFTWARE PRODUCT for purposes of ev
al
uat
ion
(“Demonstrat
ion
”) or you have purchased a Laboratory or Developer License then this SOFTWARE PRODUCT is licensed to you per the terms set forth below. A.Demonstrat
ion
License. License Grant. Subject to the terms of this Demonstrat
ion
License, POLYCOM grants you a limited, non- exclusive, non-transferable license, to inst
al
l and use, on a DEVICE, the number and type of SOFTWARE PRODUCT licenses listed in your AUTHORIZED PURCHASE ORDER solely to ev
al
uate its suitability for your person
al
or
inte
rn
al
business requirements. Demonstrat
ion
Period. Your Demonstrat
ion
License is limited to sixty (60) c
al
endar days from LICENSE ACTIVAT
ION
(“DEMONSTRAT
ION
PERIOD”). Limited Use Software. Port
ion
s of the full-use
vers
ion
of the SOFTWARE PRODUCT may be restricted. Full use of the SOFTWARE PRODUCT may be provided when a Standard Use or Subscript
ion
license key is purchased. If you have entered data into the SOFTWARE PRODUCT during the DEMONSTRAT
ION
PERIOD and your DEMONSTRAT
ION
PERIOD ends, you may not have access to your data. POLYCOM accepts no liability for any lost data due to an expiring Demonstrat
ion
License. 3725-50000-001B Release 3/17/2016 B.Laboratory and Developer License. License Grant. Subject to the terms of this Laboratory and Developer License, POLYCOM grants you a limited, non-exclusive, non-transferable license to inst
al
l and use, on a DEVICE, the number and type of SOFTWARE PRODUCT licenses listed in your AUTHORIZED PURCHASE ORDER solely to use and test the SOFTWARE PRODUCT in a non-product
ion
, ev
al
uat
ion
, and person
al
or
inte
rn
al
business environment. Laboratory and Developer License Period. Your Laboratory and Developer License begins upon LICENSE ACTIVAT
ION
and ends after the durat
ion
listed in your AUTHORIZED PURCHASE ORDER (“LABORATORY AND DEVELOPER LICENSE PERIOD”). C.Disclaimer of Warranty. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE SOFTWARE PRODUCT IS PROVIDED ONLY FOR EV
AL
UAT
ION
PURPOSES ON AN "AS IS" BASIS. POLYCOM EXPRESSLY DISCLAIMS
AL
L WARRANTIES, REPRESENTAT
ION
S AND CONDIT
ION
S INCLUDING THE IMPLIED WARRANTIES AND/OR CONDIT
ION
S OF MERCHANTABILITY, SATISFACTORY QU
AL
ITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. D.Addit
ion
al
Terms. The following addit
ion
al
terms of the Agreement sh
al
l
al
so apply to this Demonstrat
ion
/Laboratory/Developer License: Sect
ion
s IV. 1 (Restrict
ion
s), IV. 2 (Other Rights and Limitat
ion
s), IV. 4 (Term, Termi
nat
ion
and Surviv
al
), IV. 7 (Limitat
ion
of Liability), IV. 8 (Indemnity), IV. 9 (Disclaimer), IV. 10 (Export Controls), and IV. 11 (Miscellaneous). II. SUBSCRIPT
ION
/TERM LICENSE If you have purchased a Subscript
ion
License then this SOFTWARE PRODUCT is licensed to you per the terms set forth below. A. Grant of License. Subject to the terms of this Agreement, and during the SUBSCRIPT
ION
PERIOD, POLYCOM grants to you a non-exclusive, non-transferable (except as set forth herein) license to inst
al
l and use, on a DEVICE, for person
al
or
inte
rn
al
business purposes the number and type of SOFTWARE PRODUCT licenses listed in your AUTHORIZED PURCHASE ORDER . B.Re
al
Presence One™ Definit
ion
s. “BURST” means a limited durat
ion
license, listed in your AUTHORIZED PURCHASE ORDER ,
al
lowing you to temporarily increase the number of SOFTWARE PRODUCT CONCURRENT CONNECT
ION
S licensed by you in your purchase order. “CONCURRENT CONNECT
ION
” means a single audio or video communicat
ion
endpoint in a multipoint conference c
al
l. A CONCURRENT CONNECT
ION
is either a Standard Connect
ion
or a Univers
al
Connect
ion
as those are defined in the SOFTWARE PRODUCT solut
ion
documentat
ion
. POINT TO POINT c
al
ls are not considered CONCURRENT CONNECT
ION
S and do not require a separate license. “GUEST” means a third party conference c
al
l participant invited to a conference c
al
l by a USER and who does not fit the definit
ion
of USER. GUESTS may not create or manage meetings on beh
al
f of your company. “POINT TO POINT C
AL
LS” means any c
al
l made directly between no more than two users on compatible devices that does not utilize POLYCOM’s multipoint bridging technology. POINT TO POINT C
AL
LS may not have
al
l of the same features and capabilities of a c
al
l made using a CONCURRENT CONNECT
ION
. “SUBSCRIPT
ION
PERIOD” means the period of time you have licensed the SOFTWARE PRODUCT, beginning upon LICENSE ACTIVAT
ION
and ending after the durat
ion
listed in your AUTHORIZED PURCHASE ORDER. "USER" means one individu
al
employee, consultant, contractor, agent or
student
or one video conferencing device not assigned to a unique individu
al
, within your company or leg
al
ly recognized entity that is authorized by you to directly or indirectly use the SOFTWARE PRODUCT and to whom you have assigned a unique SOFTWARE PRODUCT user identificat
ion
and password. A USER license is for an individu
al
or single video conferencing device USER only and cannot be shared or used by more than one individu
al
or multiple video conferencing devices not assigned to a unique individu
al
. USER licenses may be reassigned to new USERs. You are not required to purchase a USER license for GUESTS; however, GUESTS do consume a CONCURRENT CONNECT
ION
license. 3725-50000-001B Release 3/17/2016 C. Addit
ion
al
Terms. Except for Sect
ion
I & III,
al
l of the terms of this Agreement sh
al
l
al
so apply to this Subscript
ion
License. III. STANDARD USE/PERPETU
AL
LICENSE If you have purchased a Standard Use License then this SOFTWARE PRODUCT is licensed to you per the terms set forth below. A. Grant of License. Subject to the terms of this Agreement, POLYCOM grants to you a non-exclusive, non- transferable (except as set forth herein), perpetu
al
(unless otherwise termi
nat
ed per the terms of this Agreement) license to inst
al
l and use, on a DEVICE, for person
al
or
inte
rn
al
business purposes the number and type of SOFTWARE PRODUCT licenses listed in your AUTHORIZED PURCHASE ORDER. B. Addit
ion
al
Terms. Except for Sect
ion
s I & II,
al
l of the terms of this Agreement sh
al
l
al
so apply to this Standard Use License. IV. ADDIT
ION
AL
TERMS AND CONDIT
ION
S 1. Restrict
ion
s 1.1You may use the SOFTWARE PRODUCT pursuant to the license grant above and subject to the following terms and the proprietary notices in the SOFTWARE PRODUCT or on the media upon which the SOFTWARE PRODUCT is provided. You are not permitted to lease, rent, distribute, assign, sell or sublicense the SOFTWARE PRODUCT, in whole or in part, or to use the SOFTWARE PRODUCT in a time-sharing, subscript
ion
service, service bureau, hosting or outsourcing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the SOFTWARE PRODUCT (source code). Except as expressly provided below, this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the SOFTWARE PRODUCT. You are solely responsible for use of the SOFTWARE PRODUCT by your agents, contractors, outsourcers, customers and suppliers and their compliance with this Agreement. 1.2You may not reverse engineer, decompile, modify or disassemble the SOFTWARE PRODUCT or otherwise reduce the SOFTWARE PRODUCT to human-perceivable form in whole or in part, except and only to the extent that such activity is expressly permitted by a third party license or applicable laws (in any instance where the law permits any such act
ion
, you agree to provide POLYCOM at least ninety (90) days advance written notice of your belief that such act
ion
is warranted and permitted and to provide POLYCOM with an opportunity to ev
al
uate if the law’s requirements necessitate such act
ion
). The foregoing includes but is not limited to review of data structures or similar materi
al
s produced by SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one DEVICE. You may not use the SOFTWARE PRODUCT for any illeg
al
purpose or conduct. 1.3You may not modify, translate or create derivative works of the SOFTWARE PRODUCT. 1.4You may not remove or obscure any proprietary notices, identificat
ion
, label or trademarks on or in the SOFTWARE PRODUCT or the supporting documentat
ion
. 2.Other Rights and Limitat
ion
s 2.1Back-up. Except as expressly provided for under this Agreement you may not copy the SOFTWARE PRODUCT; except, however, during the term of this Agreement you may keep or POLYCOM may provide one copy of the SOFTWARE PRODUCT and, if applicable, one copy of any previous
vers
ion
, for back-up purposes, only to be used in the event of and during a failure of the origin
al
.
Al
l copies of the SOFTWARE PRODUCT must be marked with the proprietary notices provided on the origin
al
SOFTWARE PRODUCT. You may not reproduce the supporting documentat
ion
accompanying the SOFTWARE PRODUCT. 2.2Software Transfer. If you have purchased a Standard Use license, you may permanently transfer
al
l of your rights under this Agreement, solely in connect
ion
with transfer of the DEVICE, if applicable, provided you retain no copies, you transfer
al
l of the SOFTWARE PRODUCT (including the media and pr
inte
d materi
al
s, any upgrades or updates, and this Agreement), and the recipient agrees to the terms of this Agreement. If the SOFTWARE PRODUCT is an upgrade or update, any transfer must include
al
l prior
vers
ion
s of the SOFTWARE PRODUCT. However, if the SOFTWARE PRODUCT is marked "Not for Res
al
e" or "NFR", you may not resell it or otherwise transfer it for v
al
ue. 3725-50000-001B Release 3/17/2016 2.3Copyright.
Al
l title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animat
ion
s, video, audio, music, text, programs and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying pr
inte
d materi
al
s, and any copies of the SOFTWARE PRODUCT are owned by POLYCOM or its suppliers. Title, ownership rights, and
inte
llectu
al
property rights in the SOFTWARE PRODUCT sh
al
l remain in POLYCOM or its suppliers. Title and related rights in the content accessed through the SOFTWARE PRODUCT is the property of such content owner and may be protected by applicable law. This Agreement gives you no rights in such content. 2.4Confidenti
al
ity. The SOFTWARE PRODUCT contains v
al
uable proprietary informat
ion
and trade secrets of POLYCOM and its suppliers that remain the property of POLYCOM. You sh
al
l protect the confidenti
al
ity of, and avoid disclosure and unauthorized use of, the SOFTWARE PRODUCT. 2.5Informat
ion
. Using the SOFTWARE PRODUCT means you consent to the SOFTWARE PRODUCT’s transmiss
ion
of device informat
ion
(including but not limited to technic
al
informat
ion
about your device such as logs, statistics, device states, and IP addresses) to POLYCOM and/or POLYCOM partners. POLYCOM may use such device informat
ion
,
al
ong with
al
l technic
al
informat
ion
you provide to POLYCOM as part of your use of SOFTWARE PRODUCT or SUPPORT SERVICES, for its business purposes in accordance with POLYCOM’s Privacy Policy located at http://www.polycom.com/company/privacy-policy.html. POLYCOM has no obligat
ion
to store your data or informat
ion
and POLYCOM sh
al
l not be liable for any data loss. 2.6Du
al
-Media Software. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your DEVICE. You may not use or inst
al
l the other medium on another DEVICE. 2.7Reservat
ion
of Rights. POLYCOM and its suppliers reserve
al
l rights in the SOFTWARE PRODUCT not expressly granted to you in this Agreement. 2.8Addit
ion
al
Obligat
ion
s. You are responsible for
al
l equipment and any third party fees (such as carrier charges,
inte
rnet fees, or provider or airtime charges) necessary to access the SOFTWARE PRODUCT. 2.9Inst
al
lat
ion
. You acknowledge that inst
al
lat
ion
of the SOFTWARE PRODUCT and, as applicable, use of addit
ion
al
software features may involve a license key that may restrict inst
al
lat
ion
of the SOFTWARE PRODUCT to the SOFTWARE PRODUCT licensed. POLYCOM may
al
so embed
al
gorithms in the SOFTWARE PRODUCT that periodic
al
ly compare the SOFTWARE PRODUCT licenses enabled against the SOFTWARE PRODUCT licensed. You further acknowledge that the SOFTWARE PRODUCT requires activat
ion
on initi
al
inst
al
lat
ion
of the SOFTWARE PRODUCT and future events including, but not limited to, updates and changes to your hardware on which the SOFTWARE PRODUCT is inst
al
led. You acknowledge that the license key and
inte
rn
al
controls in the SOFTWARE PRODUCT may not restrict usage to the licensed amounts and do not ensure compliance with this Agreement. 3.Support Services POLYCOM may provide you with support services, including support services related to the provis
ion
ing and availability of SOFTWARE PRODUCT updates and upgrades, related to the SOFTWARE PRODUCT ("SUPPORT SERVICES"). Unless otherwise agreed in writing by POLYCOM, Use of SUPPORT SERVICES and any supplement
al
software code provided to you as part of the SUPPORT SERVICES is governed by the terms and condit
ion
s of POLYCOM's Worldwide Service Program for End User Customers and the applicable Service Descript
ion
. 4. Term, Termi
nat
ion
and Surviv
al
This Agreement is in effect from the date of download of the SOFTWARE PRODUCT through the period in the applicable license grant as set forth above. This Agreement will termi
nat
e automatic
al
ly if you fail to comply with any of the terms and condit
ion
s of this Agreement. POLYCOM sh
al
l have the right to audit your use of the SOFTWARE PRODUCT in conjunct
ion
with this Agreement, and you will provide reasonable assistance for this purpose. In the event of any termi
nat
ion
, you must cease use of the SOFTWARE PRODUCT, and destroy
al
l copies of the SOFTWARE PRODUCT and
al
l of its component parts. You may termi
nat
e this Agreement at any time by destroying the SOFTWARE PRODUCT and
al
l of its component parts. Termi
nat
ion
of this Agreement sh
al
l not prevent POLYCOM or its suppliers from claiming any further damages. If you do not comply with any of the above restrict
ion
s, this license will termi
nat
e and you will be liable to POLYCOM and its suppliers for damages or losses 3725-50000-001B Release 3/17/2016 caused by your non-compliance. The waiver by POLYCOM of a specific breach or default sh
al
l not constitute the waiver of any subsequent breach or default. The following provis
ion
s sh
al
l survive the expirat
ion
or termi
nat
ion
of this Agreement: Sect
ion
s IV.1 (Restrict
ion
s), IV.2 (Other Rights and Limitat
ion
s), IV.5 (Term, Termi
nat
ion
and Surviv
al
), IV.7 (Limitat
ion
of Liability), IV.8 (Indemnity), IV.9 (Disclaimer), IV.10 (Export Controls), and IV.11 (Miscellaneous). 5. Upgrades If the SOFTWARE PRODUCT is labeled as an upgrade or update, you must be properly licensed to use the software identified by POLYCOM as being eligible for the upgrade or update in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade or update replaces and/or supplements the software that formed the basis for your eligibility for the upgrade or update. You may use the resulting upgraded/updated SOFTWARE PRODUCT only in accordance with the terms of this Agreement. If the SOFTWARE PRODUCT is an upgrade or update 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 DEVICE. 6. Warranty and Warranty Exclus
ion
s 6.1Limited Warranty. Except as otherwise set forth in a Third Party License or in third party license terms set forth below, POLYCOM warrants that (a) the SOFTWARE PRODUCT will perform substanti
al
ly in accordance with the accompanying documentat
ion
for a period of ninety (90) days from the date of shipment by POLYCOM or the SOFTWARE PRODUCT is initi
al
ly downloaded by you, as applicable, and (b) any SUPPORT SERVICES provided by POLYCOM sh
al
l be substanti
al
ly as described in applicable written materi
al
s provided to you by POLYCOM. This warranty is v
al
id only for the origin
al
purchaser. POLYCOM DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE PRODUCT WILL BE UN
INTE
RRUPTED OR ERROR FREE, OR THAT
AL
L DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR THE SELECT
ION
OF THE SOFTWARE PRODUCT TO ACHIEVE YOUR
INTE
NDED RESULTS AND FOR THE INST
AL
LAT
ION
, USE AND RESULTS OBTAINED FROM THE SOFTWARE PRODUCT. IF THE SOFTWARE PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, POLYCOM'S SOLE OBLIGAT
ION
UNDER THIS EXPRESS WARRANTY SH
AL
L BE, AT POLYCOM'S OPT
ION
AND EXPENSE, TO REPAIR OR REPLACE THE DEFECTIVE SOFTWARE, OR IF NEITHER OF THE TWO FOREGOING OPT
ION
S IS REASONABLY AVAILABLE, POLYCOM MAY, IN ITS SOLE DISCRET
ION
REFUND TO YOU THE PURCHASE PRICE PAID FOR THE DEFECTIVE PRODUCT. Any replacement SOFTWARE PRODUCT will substanti
al
ly conform to the accompanying documentat
ion
and be warranted for the remainder of the origin
al
warranty period or thirty (30) days, whichever is longer. 6.2Warranties Exclusive. TO THE FULL EXTENT
AL
LOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF
AL
L OTHER WARRANTIES, TERMS, OR CONDIT
ION
S, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERAT
ION
OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDIT
ION
S OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QU
AL
ITY, CORRESPONDENCE WITH DESCRIPT
ION
, AND NON- INFRINGEMENT,
AL
L OF WHICH ARE EXPRESSLY DISCLAIMED. POLYCOM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECT
ION
WITH THE S
AL
E, INST
AL
LAT
ION
, MA
INTE
NANCE OR USE OF THE SOFTWARE PRODUCT. NO ADVICE OR INFORMAT
ION
, WHETHER OR
AL
OR WRITTEN, OBTAINED BY YOU FROM POLYCOM OR THROUGH OR FROM THE SOFTWARE PRODUCT SH
AL
L CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER POLYCOM NOR ITS SUPPLIERS SH
AL
L BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMI
NAT
ION
DISCLOSE THAT THE
AL
LEGED DEFECT OR M
AL
FUNCT
ION
IN THE SOFTWARE PRODUCT DOES NOT EXIST OR WAS CAUSED BY YOUR OR ANY THIRD PARTY'S MISUSE, NEGLECT, IMPROPER INST
AL
LAT
ION
OR TESTING, UNAUTHORIZED ATTEMPTS TO MODIFY THE SOFTWARE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE
INTE
NDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, POWER CUTS OR OUTAGES, OTHER HAZARDS, OR ACTS OF GOD. 7. Limitat
ion
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 PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY 3725-50000-001B Release 3/17/2016 APPLICABLE LAW, IN NO EVENT SH
AL
L POLYCOM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECI
AL
, INCIDENT
AL
, INDIRECT, OR CONSEQUENTI
AL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITAT
ION
DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE; BUSINESS
INTE
RRUPT
ION
OR WORK STOPPAGE; COMPUTER FAILURE OR M
AL
FUNCT
ION
; LOSS OF BUSINESS INFORMAT
ION
, DATA OR DATA USE; LOSS OF GOODWILL; OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVIS
ION
OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF POLYCOM OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SH
AL
L POLYCOM’S SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES WHATSOEVER ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE PRODUCT. IN ANY CASE, POLYCOM'S ENTIRE LIABILITY SH
AL
L BE LIMITED TO THE GREATER OF THE AMOUNT ACTU
AL
LY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $1.00. NOTWITHSTANDING THE TERMS OF THIS SECT
ION
7, IF YOU HAVE ENTERED INTO A POLYCOM SUPPORT SERVICES AGREEMENT, POLYCOM'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SH
AL
L 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, suppliers or other partners, 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 connect
ion
to the SOFTWARE PRODUCT, or your violat
ion
of the Terms. 9. Disclaimers 9.1Loc
al
Laws. Some countries, states, or provinces do not
al
low the exclus
ion
or limitat
ion
of implied warranties or the limitat
ion
of incident
al
or consequenti
al
damages for certain products supplied to consumers, or the limitat
ion
of liability for death or person
al
injury, so the above limitat
ion
s and exclus
ion
s may be limited in their applicat
ion
to you. When the implied warranties are not
al
lowed to be excluded in their entirety due to loc
al
law, they will be limited to the durat
ion
of the applicable warranty. 9.2Qu
al
ity. POLYCOM cannot guarantee that the SOFTWARE PRODUCT will
al
ways funct
ion
without disrupt
ion
s, delay or errors. A number of factors may impact the qu
al
ity of your communicat
ion
s and use of the SOFTWARE PRODUCT, and may result in the failure of your communicat
ion
s including but not limited to: your loc
al
network, firew
al
l, your
inte
rnet service provider, the public
inte
rnet, the public switched telephone network and your power supply. POLYCOM takes no responsibility for any disrupt
ion
,
inte
rrupt
ion
or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. 9.3High Risk Use. The SOFTWARE PRODUCT is not fault-tolerant and is not designed or
inte
nded for use in hazardous environments requiring fail-safe performance or any applicat
ion
in which the failure of the SOFTWARE PRODUCT could lead directly to death, person
al
injury, or severe physic
al
or property damage (collectively, "High Risk Use"). Because the SOFTWARE PRODUCT is not guaranteed to funct
ion
without disrupt
ion
s, delay or errors (see sect
ion
9.2, above), the SOFTWARE PRODUCT should never be utilized as the sole means of communicat
ion
in High Risk Use. You assume full responsibility for the select
ion
of the SOFTWARE PRODUCT for High Risk Use. POLYCOM AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK USE. 10. Export Controls You acknowledge that the SOFTWARE PRODUCT may be subject to export and/or import laws and regulat
ion
s of various countries, including but not limited to the US Export Administrat
ion
Regulat
ion
s, restricting the download, transfer, reexport, s
al
e and import of the SOFTWARE PRODUCT to certain countries and persons. You further acknowledge that the SOFTWARE PRODUCT may include encrypt
ion
/decrypt
ion
features subject to licensing restrict
ion
s under US and other applicable laws for export, re-export, import or in-country transfer. You sh
al
l fully comply with
al
l applicable export license restrict
ion
s and requirements as well as with
al
l laws and regulat
ion
s relating to the importat
ion
of the SOFTWARE PRODUCT, in the United States and in any foreign jurisdict
ion
into which the SOFTWARE PRODUCT is downloaded or used. Without limiting the foregoing, the SOFTWARE PRODUCT may not be downloaded or otherwise exported or re-exported (i) into (or to a
nat
ion
al
or resident of, other than a
nat
ion
al
lawfully admitted for permanent residence in third-countries) Cuba, Iran, North Korea, Sudan, Syria or any other country against which the U.S. maintains comprehensive country-wide sanct
ion
s from time to time; (ii) any end user known, or having reason to be known, will utilize them in the design, development or product
ion
of nuclear, chemic
al
or biologic
al
weapons; or (iii) to any restricted party identified on the U.S. Treasury Department's list of Speci
al
ly Desig
nat
ed
Nat
ion
al
s, the U.S. Commerce Department's Denied Persons List, Entity 3725-50000-001B Release 3/17/2016 List or Unverified List as in force from time to time (see: http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm). 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, acting on beh
al
f of, or a
nat
ion
al
or resident of any such country or on any such list. If you obtained this SOFTWARE PRODUCT outside of the United States, you are
al
so agreeing that you will not export or re-export it in violat
ion
of the laws of the country in which it was obtained including but not limited to export and sanct
ion
s laws. 11. Miscellaneous 11.1Governing Law. This Agreement sh
al
l be governed by the laws of the State of C
al
ifornia, without reference to conflict of laws principles and any disputes will be subject to the exclusive jurisdict
ion
of the Superior Court of Santa Clara County and/or the United States District Court for the Northern District of C
al
ifornia. The losing party in any dispute will pay
al
l court costs and leg
al
fees fin
al
ly awarded. . The United
Nat
ion
s Convent
ion
on Contracts for the
Inte
r
nat
ion
al
S
al
e of Goods (1980) and the Uniform Computer Informat
ion
Transact
ion
s Act (UCITA) are hereby excluded in their entirety from applicat
ion
to this Agreement. 11.2Entire Agreement. This Agreement represents the complete agreement concerning the SOFTWARE PRODUCT and may be amended only by a writing executed by both parties. If any provis
ion
of this Agreement is held to be unenforceable, such provis
ion
sh
al
l be reformed only to the extent necessary to make it enforceable. 11.3Contact. If you have any quest
ion
s concerning this Agreement, or if you desire to contact POLYCOM for any reason, please contact the POLYCOM office serving your country. 11.4U.S. Government Restricted Rights. The software and documentat
ion
provided by POLYCOM pursuant to this Agreement are “Commerci
al
Items,” as the term is defined at 48 C.F.R. §2.101, consisting of “Commerci
al
Computer Software” and “Commerci
al
Computer Software Documentat
ion
,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1through 227.7202-4, as applicable, the Commerci
al
Computer Software and Commerci
al
Computer Software Documentat
ion
are licensed to United States Government end users (1) only as Commerci
al
Items and (2) with only those rights as are granted to
al
l other users pursuant to the terms of this Agreement. 11.5Third Party Software. The SOFTWARE PRODUCT may be distributed with software governed by licenses from third parties (“Third Party Software” and “Third Party License”). Any Third Party Software is licensed to you subject to the terms and condit
ion
s of this Agreement, notwithstanding anything to the contrary in this Agreement, the corresponding Third Party License. More informat
ion
on Third Party Licenses terms applicable to the SOFTWARE PRODUCT can be found in the documentat
ion
for each SOFTWARE PRODUCT and at http://documents.polycom.com/indexes/licenses. POLYCOM makes no separate representat
ion
or warranty concerning Third Party Software and sh
al
l have no obligat
ion
or liability with respect to Third Party Software. If the Third Party Licenses include licenses that provide for the availability of source code and the corresponding source code is not included with the SOFTWARE PRODUCT, then check the documentat
ion
supplied with each SOFTWARE PRODUCT to learn how to obtain such source code. 11.6Translat
ion
s. This Agreement may have been translated into various languages for the convenience of POLYCOM’s customers. While the translat
ion
is correct to the best of POLYCOM’s knowledge, POLYCOM is not responsible or liable in the event of an inaccuracy. English is the controlling language of this Agreement, and any translat
ion
has been prepared for you as a courtesy only. In the event of a conflict between the English-language
vers
ion
of this Agreement and a
vers
ion
that has been translated into another language, the English-language
vers
ion
of this Agreement sh
al
l control. 11.7Applicat
ion
Programming
Inte
rfaces (API). To the extent the SOFTWARE PRODUCT includes APIs, you agree that your access and use of the APIs will be governed by the terms of the current “Applicat
ion
Programming
Inte
rfaces License Agreement” located at www.support.polycom.com. BY INST
AL
LING, COPYING, OR OTHERWISE USING THIS SOFTWARE PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDIT
ION
S. Polycom, Inc. © 2015.
AL
L RIGHTS RESERVED. 6001 America Center Drive San Jose, CA 95002 U.S.A. 3725-50000-001B Release 3/17/2016
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