My Info Portal - BETA Version
End User License Agreement
THE COLLECTION OF SOFTWARE, SERVICES, AND WEBSITES ASSOCIATED WITH "MY INFO PORTAL" IS COLLECTIVELY REFERRED TO HEREIN AS "SOFTWARE PRODUCT." *** PLEASE READ THESE TERMS CAREFULLY. *** IF YOU AGREE WITH THESE TERMS, YOU MAY ACCEPT THE TERMS BY CLICKING TO ACCEPT OR AGREE TO THE TERMS, OR BY ACTUALLY USING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT DO EITHER OF THESE THINGS. * THIS END USER LICENSE AGREEMENT DOES NOT AMEND, REPLACE, MODIFY OR CHANGE IN ANY MANNER THE END USER LICENSE AGREEMENT BETWEEN YOU AND POLYCOM FOR [YOUR POLYCOM IP PHONE PRODUCT.] THESE TERMS APPLY SOLELY TO YOUR USE OF THE SOFTWARE PRODUCT DEFINED ABOVE. * THE SOFTWARE PRODUCT DEFINED ABOVE IS PROVIDED "AS IS" FOR PERSONAL USE ONLY. * POLYCOM MAY CHANGE THE SOFTWARE PRODUCT FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU. POLYCOM MAY STOP (PERMANENTLY OR TEMPORARILY) PROVIDING THE SOFTWARE PRODUCT, OR DISCONTINUE SPECIFIC FEATURES WITHIN THE SOFTWARE PRODUCT, IN ITS SOLE DISCRETION, AND WITHOUT PRIOR NOTICE TO YOU. YOU MAY STOP USING THE SOFTWARE PRODUCT AT ANY TIME. * YOU AGREE THAT IF POLYCOM STOPS OF SUSPENDS YOUR USE OF THE SOFTWARE PRODUCT, YOU WILL BE PREVENTED FROM ACCESSING THE CONTENT PROVIDED AS A FUNCTION OF THE SERVICE. * POLYCOM OFFERS NO SUPPORT FOR THIS SOFTWARE PRODUCT, AND THE SOFTWARE PRODUCT IS BEING LICENSED WITHOUT WARRANTY, "AS IS," AND "WITH ALL FAULTS." This End-User License Agreement ('Agreement") is a legal agreement between you (either an individual or a single entity) and Polycom, B.V for the Polycom Software Product licensed by Polycom B.V in Europe, the Middle East Africa, and Asia Pacific or Polycom, Inc., for the Polycom Software Product licensed by Polycom, Inc. in the rest of the world (collectively, "Polycom"). The Software Product includes the computer software included herewith and may include associated media, printed materials and online or electronic documentation ("Software Product"). By using the Software Product, you agree to be bound by the terms of this Agreement. The Software Product is provided to you free of any associated license fees, therefore no refunds will be given if you do not accept these terms or discontinue use of the Software Product. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed (not sold) to you, and its use is subject to the terms of this Agreement. 1. GRANT OF LICENSE. 1.1. License. Subject to the terms of this Agreement, Polycom grants to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software Product included with this License. You may use the Software Product only in connection with the use of products manufactured or sold by Polycom ("Polycom Products") and for the sole purpose of enabling you to use and enjoy the benefit of the Software Product in any manner permitted by these terms. You are not permitted to lease, rent, distribute or sublicense the Software Product or to use the Software Product in a time-sharing 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 provided below, this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software Product. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. 2.1. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Product. 2.2. Modifications. You may not modify, translate, or create derivative works of the Software Product. 2.3. Proprietary Notices. You may not remove or obscure any proprietary notices on or in the Software Product or the supporting documentation. 2.4. Copyright. All title and copyrights in and to the Software Product (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Polycom or its suppliers. The Software Product is protected by copyright laws and international treaty provisions. Title, ownership rights, and intellectual property rights in the Software Product shall 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. 2.5. Confidentiality. The Software Product contains valuable proprietary information and trade secrets of Polycom and its suppliers and you shall protect the confidentiality of, and avoid disclosure and unauthorized use of, the Software Product. 2.6. Dual-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 single Product. You may not use or install the other medium on another Product. 2.7. Reservation. Polycom reserves all rights in the Software Product not expressly granted to you in this Agreement. 2.8. For information about Polycom's data protection practices, please read Polycom's privacy policy. 3. CONTENT 3.1. You understand that all information (such as data files, written text, images, etc.) which you may have access to as part of, or through your use of, the Software Product are the sole responsibility of the entity from which such content originated. All such information is referred to below as the "Content." 3.2. You should be aware that Content presented to you as part of the Software Product may be protected by intellectual property rights which are owned by the sponsors who provide that Content to Polycom (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Polycom or by the owners of that Content, in a separate written agreement. 3.3. Polycom reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content presented with the Software Product. 3.4. You understand that by using the Software Product you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Software Product at your own risk. 4. SUPPORT SERVICES. 4.1. No Support Services. Polycom provides no support services for the Software Product. 5. TERMINATION. 5.1. Termination. You may stop using the Software Product at any time. Without prejudice to any other rights, Polycom may terminate this Agreement if: (i) you fail to comply with any of the terms and conditions of this Agreement; (ii) Polycom is required to do so by law (for example, where the provision of the Software Product to you is, or becomes, unlawful); (iii) the partner with whom Polycom offered the Software Product or Content to you has terminated its relationship with Polycom or ceased to offer the Content to you; (iv) Polycom is transitioning to no longer providing the Software Product to users in the country in which you are resident or from which you use the Software Product; or (v) the provision of the Software Product or Content to you by Polycom is, in Polycom's opinion, no longer commercially viable. When these terms come to an end, all of the legal rights, obligations and liabilities that you and Polycom have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 11.1 shall continue to apply to such rights, obligations and liabilities indefinitely. 6. UPGRADES. 6.1. Upgrades. The Software Product which you use may automatically download and install updates from time to time from Polycom. These updates are designed to improve, enhance and further develop the Software Product and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Polycom to deliver these to you) as part of your use of the Software Product. 7. NO WARRANTY. THE SOFTWARE PRODUCT IS LICENSED WITHOUT WARRANTY, "AS IS," AND "WITH ALL FAULTS." ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. IN PARTICULAR, POLYCOM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOFTWARE PRODUCT WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SOFTWARE PRODUCT WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. POLYCOM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, OR USE OF THIS SOFTWARE PRODUCT. 8. LIMITATION OF LIABILITY. 8.1. Limitations. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POLYCOM OR ITS SUPPLIERS BE LIABLE FOR: 8.1.1. ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING. WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT; OR 8.1.2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SOFTWARE PRODUCT; (b) ANY CHANGES WHICH POLYCOM MAY MAKE TO THESOFTWARE PRODUCT, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE CONTENT, SOFTWARE PRODUCT, OR ANY FEATURES WITHIN THE SOFTWARE PRODUCT; (c) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SOFTWARE PRODUCT; (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. 8.2. THE LIMITATIONS ON POLYCOM'S LIABILITY TO YOU IN PARAGRAPH 8.1 ABOVE SHALL APPLY WHETHER OR NOT POLYCOM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. 8.3. IN ANY CASE, POLYCOM'S ENTIRE LIABILITY SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00. 9. DISCLAIMER. 9.1. Disclaimer. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights which may vary defending on local law. 10. EXPORT CONTROLS. 10.1. Export Controls. The Software Product may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, 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 Product, 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 Product 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. 11. MISCELLANEOUS. 11.1. 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. 11.2. General. 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. 11.3. Contact. If you have any questions concerning this Agreement, or if you desire to contact Polycom for any reason, please contact the Polycom office serving your country. 11.4. U.S. Government Restricted Rights. The software and documentation provided by Polycom pursuant to this Agreement are "Commercial Items," as the term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," 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. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to United States Government end users (1) only as Commercial Items and (2) with only those rights as are granted to all other users pursuant to the terms of this Agreement. www.polycom.com Corporate Headquarters: 4750 Willow Road, Pleasanton, CA 94588 USA Phone 925.924-6000 Israel Office: 94 Derech Em Hamoshavot P.O.B. 3654, Petach-Tikva 49130, Israel Phone: +972 3 925 1444 Fax: +972 3 921 1571 Netherlands Office: Tarnspolis Park, Siriusdreef 41, 2132 Wt Hoofddorp Netherlands Phone: 31-0-230-2600