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c) You agree that you are solely responsible for (and that The Company has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which The Company may suffer) of any such breach. 2. PROPRIETARY RIGHTS Poly UC Software 5.9.8 for VVX Business Media Phones, Business IP Phones and SoundStructure VOIP Interface [Split] d) The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party. THE MAXIMUM LIABILITY OF POLY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF THAT PRODUCT OR ANY COMPONENT OR PART THAT MALFUNCTION IN CONDITIONS OF NORMAL USE. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL POLY BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. POLY IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSONAND IS EFFECTIVE EVEN IF YOU HAVE ADVISED POLY OR AN AUTHORIZED REPRESENTATIVE OF POLY OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. Poly UC Software 6.3.1.11465 for VVX Business Media Phones, Business IP Phones and SoundStructure VOIP Interface [Combined]
Multilingual user interface including Chinese, Danish, Dutch, English (Canada/ US/UK), French, German, Italian, Japanese, Korean, Norwegian, Polish, Portuguese, Russian, Slovenian, Spanish, and Swedish products that are operated in combination with software, peripheral or ancillary equipment such as but not limited to batteries, chargers, adapters, headsets, connector cables, and power supplies ("Ancillary Equipment") not furnished or otherwise certified by Poly for use with the Poly products or any damage to the Poly products or Ancillary Equipment as a result of such use; HD Voice™ technology delivers lifelike voice quality for each audio path handset, the hands-free speakerphone, and the optional headset
Latest Poly UC Software Release
Customers who wish to upgrade to UCS 6.2.0 & plan to use Polycom Better Together over Ethernet Connector (BToE) Application 4.3.0 should follow a mandatory step to first upgrade existing (BToE) Application 3.8.0 onwards (with UCS 5.8 & 5.9 ) to (BToE) Application 4.3.0 followed by UC Software 5.8 & 5.9 upgrade to 6.2.0 to retain successful pairing. Poly UC Software is the telecommunications industry's most powerful and flexible SIP software for VoIP-enabled devices. Our UC Software and award-winning product design are compatible with the broadest range of call control platforms, and provide you with highly robust provisioning capabilities employing the broadest SIP feature set.
b) The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company. This Limited Warranty covers any defects in the materials used in the Poly product, and any defects in the workmanship during the manufacture of the Poly products. Poly CAB files for UC Software 6.3.1.11465 for VVX Business Media, Business IP Phones Phones and SoundStructure This is your exclusive remedy for a defective Poly product that is covered by this Limited Warranty.Unauthorized use of common carrier communication services provided by another company/third party accessed through the product; Poly UC Software 5.9.8 for VVX Business Media Phones, Business IP Phones and SoundStructure VOIP Interface [Combined] POLY MAKES NO OTHER EXPRESS WARRANTY WHETHER WRITTEN OR ORAL AND POLY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. TO THE EXTENT ALLOWED BY THE LAW, POLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Nothing in this warranty modifies or excludes your legal rights under the Australian Competition and Consumer Act or the New Zealand Consumer Guarantees Act. c) THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION. 7. LIMITATION OF LIABILITY In the unlikely event that your Poly product has recurring failures or Poly is unable to repair or replace the Poly product, Poly will provide you with a replacement Poly product that is selected by Poly and is the same or similar in performance. Poly, its employees and its agents are subject to U.S. export control laws that prohibit or restrict (i) transactions with certain parties, and (ii) the type and level of technologies and services that may be exported. You agree to comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither the Software, nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.damage caused by (a) accident, fire, misuse, neglect, unusual physical or electrical stress, liquid ingress or modification; (b) improper or unauthorized installation, wiring, repair, testing; or (c) use of the product outside Poly published guidelines; Poly's obligation under this Limited Warranty to repair or replace products that manifest a defect in materials or workmanship ceases upon the expiration of the Warranty Period. Poly UC Software 6.3.1.11465 for VVX Business Media Phones, Business IP Phones and SoundStructure VOIP Interface [Split] Poly further warrants on the same terms as this Limited Warranty the repaired or replaced Poly products for the greater of: (a) ninety (90) days following the repair and/or replacement, or (b) the remainder of the original Warranty Period for the Poly product that was repaired or replaced.
instances in which someone other than Poly (or its authorized service centers) tests, alters, modifies or services the products in any way; THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY ALSO HAVE ADDITIONAL RIGHTS THAT MAY VARY IN YOUR STATE OR IN YOUR COUNTRY. SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS. Poly does not provide a warranty for software (whether pre-loaded on hardware or provided as a standalone product) under this Limited Warranty – please refer to the applicable Poly end user license agreement or software license. No warranty is made that any software provided by Poly will meet your requirements or will work in combination with any hardware or applications software products provided by third parties, that the operation of the software will be uninterrupted or error free, or that defects in the software will be corrected.When a Poly product is replaced, the replacement product becomes your property, and the returned product becomes the property of Poly. Poly may repair or replace products under this Limited Warranty: (a) with new or reconditioned products, parts, or components, or (b) with a similar Poly product if the eligible product under this Limited Warranty has been discontinued. Before you proceed to upgrade on older UCS & BToE releases please read EA 318& refer to UCS 6.2 Release notes.
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