Polycom CX5500 Administrator's Manual page 386

Polycom CX5500 Unified Conference Station Administrator's Guide
1.1.0
8.1. Export Controls. The Software may not be downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria, Republic of Serbia, or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S Treasury Department's List of Specially
Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using this
Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in,
under the control of, or a national or resident of any such country or on any such list. If you obtained this Software
outside of the United States, you are also agreeing that you will not export or re-export it in violation of the laws of the
country in which it was obtained.
9. MISCELLANEOUS.
9.1. Governing Law. This Agreement shall be governed by the laws of the State of California as such laws are applied
to agreements entered into and to be performed entirely within California between California residents, and by the
laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods (1980) is
hereby excluded in its entirety from application to this Agreement.
9.2. Venue for Resolving Disputes. Any disputes relating to this Agreement will be resolved only in the state or federal
courts located in Santa Clara County, California. Each of the parties agrees to the exercise over them of the personal
jurisdiction of such courts for such purpose.
9.3. U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. The
Software programs and documentation are deemed to be "commercial computer software" and "commercial
computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as
applicable. Any use, modification, reproduction, release, performance, display, or disclosure of the Software
programs and/or documentation by the U S. Government or any of its agencies shall be governed solely by the terms
of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
Any technical data provided that is not covered by the above provisions is deemed to be "technical data commercial
items" pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display, or
disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b).
9.4. Relationship Between the Parties. The relationship between you and Polycom is that of licensee/licensor. Neither
party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the
other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. Nothing in this
agreement shall be construed to limit either party's right to independently develop or distribute software that is
functionally similar to the other party's products, so long as proprietary information of the other party is not included in
such software.
9.5. Entire Agreement. This Agreement represents the complete agreement concerning this license and may be
amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it enforceable.
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