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License Restrictions
THE SOFTWARE PROGRAMS CONTAINED OR DESCRIBED HEREIN ARE
CONFIDENTIAL INFORMATION AND PROPRIETARY PRODUCTS OF
POLYCOM, INC. OR ITS LICENSORS.
Buyer shall not sublicense or otherwise distribute any of the Subject Programs except to
and Users and/or resellers who have entered into a Sublicense Agreement. For purposes
of this Agreement a “Sublicense Agreement” shall mean a written license agreement
between the Buyer and its purchaser, or, in the case of any sale by Buyer to a reseller,
between such reseller and the End User, that is either 1) signed by the End User or 2)
included with the Documentation, in such a manner that the End User reasonably
indicates its acceptance of the Sublicense Agreement by turning on and using the
Computer Equipment. Polycom, Inc. shall include so-called “break the seal software
licenses” with the Documentation, and Buyer shall not remove or alter any such
Sublicense Agreements or any notifications or warning stickers relating thereto. Buyer
shall not waive, amend, or otherwise modify any Sublicense Agreement without
Polycom’s prior consent.
Title to all Subject Programs shall at all times remain and vest solely with Polycom, Inc.
and its licensors. Buyer acknowledges Polycom’s claim that the Subject Programs are its
trade secret and confidential property, and shall treat them as such. Buyer will not attempt
to disassemble, decompile, reverse-engineer or otherwise endeavor to discover or
disclose the methods and concepts embodied in the Subject Programs. Except as
expressly allowed under this Agreement, the Buyer shall not copy, modify, transcribe,
store, translate, sell, lease, or otherwise transfer or distribute any of the Subject Programs
in whole or in part, without prior authorization, in writing, from Polycom, Inc. Buyer
shall not remove or destroy any copyright, patent, trademark or other proprietary mark or
notice on Computer Equipment, and shall reproduce any such marks on any copies of
Subject Programs that it makes hereunder.
You shall not, and shall not allow, any third party to 1) decompile, disassemble, or
otherwise reverse-engineer or attempt to reconstruct or discover any source code or
underlying ideas or algorithms of the software by any means whatsoever or 2) remove
any product.
Limitation of Remedies and Damages
Polycom, Inc., its agents, employees, suppliers, dealers and other authorized
representatives shall not be responsible or liable with respect to the product or any other
subject matter related thereto under any contract, negligence, strict liability or other
theory for any indirect, incidental, or consequential damages, including, but not limited to
loss of information, business, or profits.
The law of certain states or nations does not permit limitation or exclusion of implied
warranties and consequential damages, so the above limitations, disclaimers, or exclusion
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