END-USER LICENSE AGREEMENT FOR
POLYCOM COMMUNICATOR SOFTWARE ("SOFTWARE")

IMPORTANT-READ CAREFULLY BEFORE USING THE SOFTWARE:  This End-User License Agreement ("Agreement") is a legal agreement between you (and/or any company you represent) and either Polycom (Netherlands) B.V. (in Europe, Middle East, and Africa), Polycom Hong Kong, Ltd. (in Asia Pacific) or Polycom, Inc. (in the rest of the world) (each referred to individually and collectively herein as "Polycom"), for the Software (including any updates or upgrades thereto) licensed by Polycom or its suppliers.
  
The SOFTWARE includes computer software and may include associated media, printed materials, and "online" or electronic documentation SOFTWARE.  By clicking "Yes" or by installing, copying, or otherwise using the SOFTWARE, you agree to be and will be bound by the terms of this Agreement.  If you do not agree to the terms of this Agreement, your use is prohibited and you may not install or use the SOFTWARE.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  The SOFTWARE is licensed (not sold) to you, and its use is subject to the terms of this Agreement.  This is NOT a sale contract.

1.	GRANT OF LICENSE.  Subject to the terms of this Agreement, POLYCOM grants to you a non-exclusive, non-transferable, revocable license to install and use the SOFTWARE solely on the POLYCOM product with which this SOFTWARE is supplied (the "PRODUCT").  You may use the SOFTWARE only in connection with the use of the PRODUCT subject to the following terms and the proprietary notices, labels or marks on the SOFTWARE or media upon which the SOFTWARE is provided.  You are not permitted to lease, rent, distribute or sublicense the SOFTWARE, in whole or in part, or to use the SOFTWARE 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 (source code).  Except as expressly 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.

2.	OTHER RIGHTS AND LIMITATIONS.

       2.1	Limitations on Reverse Engineering, Decompilation, and Disassembly.  You may not reverse engineer, decompile, modify or disassemble the SOFTWARE or otherwise reduce the SOFTWARE to human-perceivable form in whole or in part, including but not limited to translating or creating derivative works, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  The SOFTWARE is licensed as a single product.  Its component parts may not be separated for use on more than one PRODUCT.  You may not use the SOFTWARE for any illegal purpose or conduct.

	2.2	Back-up.  Except as expressly provided for under this Agreement you may not copy the SOFTWARE; except, however, you may keep one copy of the SOFTWARE and, if applicable, one copy of any previous version, for back-up purposes, only to be used in the event of failure of the original.  All copies of the SOFTWARE must be marked with the proprietary notices provided on the original SOFTWARE.  You may not reproduce the supporting documentation accompanying the SOFTWARE.

	2.3	Modifications.  You may not modify, translate or create derivative works of the SOFTWARE.

	2.4	Proprietary Notices.  You may not remove or obscure any proprietary notices, identification, label or trademarks on or in the SOFTWARE or the supporting documentation.

	2.5	Software Transfer.  You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this Agreement, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this Agreement.  If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.  However, if the SOFTWARE is marked "Not for Resale" or "NFR", you may not resell it or otherwise transfer it for value.

	2.6	Copyright.  All title and copyrights in and to the SOFTWARE(including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by POLYCOM or its suppliers.  The SOFTWARE is protected by copyright laws and international treaty provisions.  Title, ownership rights, and intellectual property rights in the SOFTWARE shall remain in POLYCOM or its suppliers.  Title and related rights in the content accessed through the SOFTWARE is the property of such content owner and may be protected by applicable law.  This Agreement gives you no rights in such content. 

	2.7	Confidentiality.  The SOFTWARE contains valuable proprietary information and trade secrets of POLYCOM and its suppliers that is copyrighted by and remains the property of POLYCOM and you shall protect the confidentiality of, and avoid disclosure and unauthorized use of, the SOFTWARE.

	2.8	Dual-Media Software.  You may receive the SOFTWARE 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. 

	2.9	Reservation.  POLYCOM reserves all rights in the SOFTWARE not expressly granted to you in this Agreement.

	2.10	Additional Obligations.  	You are responsible for all equipment and any third party fees (such as carrier charges, internet fees, or provider or airtime charges) necessary to access the SOFTWARE.

3.	SUPPORT SERVICES.  POLYCOM may provide you with support services related to the SOFTWARE ("SUPPORT SERVICES").  Use of SUPPORT SERVICES is governed by the POLYCOM policies and programs described in the POLYCOM-provided materials.  Any supplemental software code provided to you as part of the SUPPORT SERVICES is considered part of the SOFTWARE and is subject to the terms and conditions of this Agreement.  With respect to technical information you provide to POLYCOM as part of the SUPPORT SERVICES, POLYCOM may use such information for its business purposes, including for product support and development.  POLYCOM will not utilize such technical information in a form that personally identifies you.

4.	TERMINATION.  Without prejudice to any other rights, POLYCOM may terminate this Agreement if you fail to comply with any of the terms and conditions of this Agreement.  In such event, you must destroy all copies of the SOFTWARE and all of its component parts.  You may terminate this Agreement at any time by destroying the SOFTWARE and all of its component parts.  This termination shall not prevent POLYCOM from claiming any further damages.  If you do not comply with any of the above restrictions, this license will terminate and you will be liable to Polycom, Inc. for damages or losses caused by your non-compliance.  The waiver by POLYCOM of a specific breach or default shall not constitute the waiver of any subsequent breach or default.

5.	UPGRADES.  If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use the software identified by POLYCOM as being eligible for the upgrade in order to use the SOFTWARE.  A SOFTWARE labeled as an upgrade replaces and/or supplements the software that formed the basis for your eligibility for the upgrade.  You may use the resulting upgraded SOFTWARE only in accordance with the terms of this Agreement.  If the SOFTWARE is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single SOFTWARE package and may not be separated for use on more than one PRODUCT.

6.	WARRANTY AND WARRANTY EXCLUSIONS.

	6.1	Limited Warranty.  POLYCOM warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt by you, and (b) any SUPPORT SERVICES provided by POLYCOM shall be substantially as described in applicable written materials provided to you by POLYCOM, and POLYCOM support engineers will make commercially reasonable efforts to solve any problem issues.  POLYCOM does not warrant that your use of the SOFTWARE will be uninterrupted or error free, or that all defects in the SOFTWARE will be corrected.  You assume full responsibility for the selection of the SOFTWARE to achieve your intended results and for the installation, use and results obtained from the SOFTWARE.  POLYCOM's sole obligation under this express warranty shall be, at POLYCOM's option and expense, to refund the purchase price paid by you for any defective SOFTWARE which is returned to POLYCOM with a copy or your receipt, or to replace any defective media with software which substantially conforms to applicable POLYCOM published specifications.  Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

	6.2	Warranties Exclusive.  IF THIS SOFTWARE DOES NOT OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT POLYCOM'S SOLE OPTION.  TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER 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, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLYCOM OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE LICENSE AND TERMS.

	POLYCOM SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE SOFTWARE DOES NOT EXIST OR WAS CAUSED BY YOUR OR ANY THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, POWER CUTS OR OUTAGES, OTHER HAZARDS, OR ACTS OF GOD.

7.	LIMITATION OF LIABILITY.  YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POLYCOM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF POLYCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY CASE, POLYCOM'S ENTIRE LIABILITY SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00.  PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A POLYCOM SUPPORT SERVICES AGREEMENT, POLYCOM'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.

8.	INDEMNITY.  You agree to indemnify and hold POLYCOM, and its subsidiaries, affiliates, officers, agents, co-branders, customers or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SOFTWARE, your connection to the SOFTWARE, or your violation of the Terms.

9.	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 depending on local law.

10. 	EXPORT CONTROLS.  You acknowledge that the Software may be subject to export restrictions of various countries. You shall fully comply with all applicable export license restrictions and requirements as well as with all laws and regulations relating to the importation of the Software, in the United States and in any foreign jurisdiction in which the Software is used.  Without limiting the foregoing, the SOFTWARE may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) 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 the 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.

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 Agreementáare "Commercial Items," as the term is defined at 48 C.F.R. º2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. º12.212 or 48 C.F.R. º227.7202, as applicable.  Consistent with 48 C.F.R. º12.212 or 48 C.F.R. ºº227.7202-1 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.

       11.5. 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. 

       11.6. 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. 

YOUR USE OF THIS SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS INDICATED ABOVE.

Polycom, Inc. ¬ 2010.  ALL RIGHTS RESERVED.
4750 Willow Road
Pleasanton, CA 94588
U.S.A.
+1-925-924-6000