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POLYCOM'S LEGAL INFORMATION TERMS AND CONDITIONS
The following Terms and Conditions govern your use of the Polycom Web Site and the Materials that are accessible on or from the site. Please read them carefully before entering the site, and refer to them as necessary as you explore the Polycom Web Site. Your use of the Site means that you accept the Terms and Conditions. If you do not agree with these Terms and Conditions, please do not visit or use the Polycom Web Site.
1. Confidentiality. Those areas of the Polycom Web Site which you access by using a password or other security device (including the Channel Support Network) contain proprietary and confidential information of Polycom and its suppliers, including engineering documents, manuals, software, program listings, data file printouts, and other technical and marketing information ("Polycom Confidential Information"). By accessing Polycom Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting your Polycom products, or, if you are a Polycom Channel Partner, your customers' Polycom products. You also agree to be careful with this Polycom Confidential Information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by this agreement. You will not alter, decompile, disassemble, reverse engineer, or modify any Polycom Confidential Information that you receive. Polycom discourages you from sending us any information that you consider to be confidential or proprietary through this Web Site. Please note that if you do send us any such information or material, Polycom will assume it is NOT confidential. By sending Polycom information or material, you grant Polycom an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Polycom is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
2. Polycom Ownership of Information. The information on this Web Site, along with any Materials (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of Polycom and/or its suppliers and is protected under US and worldwide copyright laws and treaty provisions. Polycom grants you permission to copy such Materials so long as each copy (i) is solely for informational, non-commercial use in support of Polycom products and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original AND (iii) displays a statement that the Materials are used solely with permission of Polycom. Any software which you download from the Polycom Web Site is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software, you agree to abide by the terms of the license. Any reproduction or redistribution of such software not in accordance with the software license is expressly prohibited by law. . Polycom, the Polycom logo design, SoundStation, SoundStation Premier, ShowStation, and SoundPoint, are registered trademarks and Clarity by Polycom, NetEngine, WebStation, StreamStation, and ViewStation are trademarks of Polycom, Inc. in the United States of America and various countries. Polycom's trademarks may be used publicly with permission only from Polycom. Fair use of Polycom's trademarks in advertising and promotion of Polycom products requires proper acknowledgement. All other brands and names are property of their respective owners.
3. Disclaimers. THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND Polycom EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIALS. IN NO EVENT SHALL Polycom BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, LOSS OF PROFITS OR REVENUES, OR COSTS OF REPLACEMENT GOODS. Although Polycom has attempted to provide accurate information on this Web Site as a service to its users, Polycom assumes no responsibility for, and makes no representations with respect to, the accuracy of the information. Polycom may change the programs or products mentioned at any time without notice. Mention of non-Polycom products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided at this Web Site, not all products or programs mentioned will be available in your country. Please contact your local Authorized Polycom Reseller for information as to products and services available in your country.
4. Export Control. Export of any information from the Polycom Web Site (including Confidential Information obtained through Polycom Channel Support Network) outside of the United States is subject to all U.S. export control laws. You will abide by such laws and also to the provision of the U.S. Export-Re-export Requirements and Enhanced Proliferation Control Initiative set forth here. You and your organization will not sell, license, or otherwise provide or ship Polycom products or technical data (or the direct product thereof) for export or re-export to the embargoed countries listed below: Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, and the Republic of Serbia. You also agree that unless you receive prior authorization from the U.S. Department of Commerce, you shall not transfer, export or re-export, directly or indirectly, any Polycom technology or software (or the direct product of such technology or software or any part thereof, or any process or service which is the direct product of such technology or software) to any of the following nations or nationals thereof: Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iran, Iraq, Kazakhstan, Kyrgystan, Laos, Latvia, Libya, Lithuania, Moldova, Mongolia, North Korea, People's Republic of China, Republic of Serbia, Romania, Russia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam You agree not to transfer, export or re-export PolycomÕs products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses without obtaining prior authorization from the U.S. Government.
5. Federal Government Rights. All Polycom technical data and computer software is commercial in nature and developed solely at private expense. Software is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in PolycomÕs standard commercial license for such software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable. Use of the Software or Materials by the Government constitutes acknowledgement of Polycom's proprietary rights in such Software or Materials.
6. Forward Looking Statements. This Web Site may contain forward-looking statements. Actual results may vary materially. Please refer to Polycom's filings with the Securities and Exchange Commission, including the most recent Form 10-K and Form 10-Q SEC Filings. Go to Polycom's Investor Relations page.
7. Privacy. We recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That's why we have put in place a Privacy Statement to protect your personal information. You should review this document before providing any personal data on the Polycom site. Please read our Privacy Statement.
8. Third Party Statements on Polycom Web Site; Links. Polycom may, but is not obligated to, monitor or review statements made by third parties on Polycom's Web Site. Users or other third parties may post statements or information on some portions of the Polycom site from time to time. Polycom makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of such statements or information. Polycom expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. Also, at times this site may contain links to web sites maintained by other companies, individuals or agencies which are provided as a convenience to Polycom users. These linked sites are not under the control of Polycom, and Polycom is not responsible for the accuracy of information on such sites. Polycom does not monitor or review the content of such third party sites and therefore advises you that your access by link to third party sites is at your own risk.
9. Applicable Laws. This Web Site originates from and is maintained in the United States of America, and Polycom makes no representations regarding the legality of access to or use of the Site or the Materials from other countries. Any export or use of the Materials by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use, and use is limited as described above in Section 4 of these Terms and Conditions. Access in countries where the Materials are illegal is prohibited. Users who access the Web Site from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. Any claims relating to the Materials or the Web Site will be governed by California law.
10. Limitations on Use. Polycom may revise these Terms and Conditions at any time. Revisions will be posted on this "Legal Information" page and users are responsible for reviewing the page from time to time to ensure compliance. If Polycom makes a request to you to stop using Polycom Channel Support Network and/or to promptly return or destroy any copies of the information provided on this Web Site, you will comply immediately with this request and will confirm in writing to Polycom within ten (10) days that you have done so.
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