As of August 29, 2022, HP Inc. completed the acquisition of Poly. For HP product support, please visit the HP Customer Support site.
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Application End User License Agreement
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By downloading any Plantronics, Inc. (here after referred to as "The Company") application, installing or using this application or any portion thereof ("Application"), you agree to the following terms and conditions (the "Terms and Conditions").
1. USE OF APPLICATION
a) The Company grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.
b) You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party's use and enjoyment of the Application (or servers or networks connected to the Application).
c) You agree that you are solely responsible for (and that The Company has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which The Company may suffer) of any such breach.
2. PROPRIETARY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) The Company and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter The Company's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
3. EXPORT RESTRICTIONS
The Application may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
4. TERMINATION
These Terms and Conditions will continue to apply until terminated by either you or TheCompany as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from The Company or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.
5. INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.
6. DISCLAIMER OF WARRANTIES
a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b) YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c) THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
8. MISCELLANEOUS
a) These Terms and Conditions constitute the entire Agreement between you and The Company relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and The Company regarding the Application.
b) The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company.
c) If any court of law, having the jurisdiction to decide on this matter, rules that any provision ofthese Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d) The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
e) These Terms and Conditions and your relationship with The Company under these Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of laws provisions.
The terms of this Poly Limited Warranty ("Limited Warranty") shall apply to purchases of Poly products.
Who Does This Limited Warranty Cover?
The original end user customer who purchased a Poly product.
What Products Does This Limited Warranty Cover?
This Limited Warranty covers Poly products purchased in original Poly packaging.
Poly products must have been purchased as new from Poly, a Poly affiliated company or a Poly authorized reseller. A list of Poly authorized resellers is located at https://partners.poly.com/English/directory/.
This Limited Warranty covers any defects in the materials used in the Poly product, and any defects in the workmanship during the manufacture of the Poly products.
What is the Period of Coverage?
The term of the Limited Warranty begins from the date of purchase by the original end user customer.
The dated sales receipt showing the date of purchase is the proof of purchase. We strongly advise you to keep your receipt of purchase in order to prove the date of purchase of the product.
The period of coverage varies by product and is generally 1, 2 or 3 years; consult your original Poly product packaging or user information provided by Poly at the time of purchase for the warranty term specific to your product or online at www.poly.com/support/ ("Warranty Period").
Poly's obligation under this Limited Warranty to repair or replace products that manifest a defect in materials or workmanship ceases upon the expiration of the Warranty Period.
You are responsible for shipping charges, insurance, and other transportation-related expenses incurred when returning products to Poly. If you return out-of-warranty products or products not covered under the Limited Warranty, you will be responsible for all return-shipping and other transportation-related expenses.
How to Obtain Warranty Service?
Before submitting a warranty claim for a Poly product, please visit www.poly.com/support/ for technical assistance.
You may obtain warranty support for valid warranty claims through your point of purchase during the first thirty (30) days after purchase. This warranty support may not always be available where you purchased the Poly product and, where it is available, the period may vary depending on where you purchased the Poly product. Please contact your point of purchase for more details.
Poly offers an online system for service requests. Please register your product at www.poly.com/support/. To determine the start of the warranty period you may be asked to provide the dated sales receipt showing the date you purchased the Poly product.
Warranty claims that cannot be processed through your point of purchase and any other Poly product related questions should be addressed directly to Poly. You can find our knowledge base articles, ask a question, receive service over the Internet or speak directly to a representative via www.poly.com/support/.
Any claim under this Limited Warranty is subject to you notifying Poly or your point of purchase of the alleged defect within a reasonable time of it having come to your attention and in any event no later than before the expiry of the Warranty Period.
Obtaining Warranty Support in Another Country
Poly products purchased in one country or region may be eligible for warranty service in other countries or regions where Poly or a Poly authorized service provider offers warranty service for the same Poly product, based on Poly’s product model number.
However, the Warranty Period provided in the country where the product was purchased shall apply. The warranty terms (including those stated here), service availability, and service response times may vary based on the country or region. Warranty service response times are always subject to change due to local conditions (including, without limitation, availability of parts and materials and a Poly authorized service provider).
What Is Not Covered by This Limited Warranty?
This Limited Warranty does not cover:
1) products that are not manufactured by or on behalf of Poly;
2) products purchased from anyone other than from Poly, a Poly affiliated company or a Poly authorized reseller;
3) products purchased through online auctions and second-hand products;
4) products that are operated in combination with software, peripheral or ancillary equipment such as but not limited to batteries, chargers, adapters, headsets, connector cables, and power supplies ("Ancillary Equipment") not furnished or otherwise certified by Poly for use with the Poly products or any damage to the Poly products or Ancillary Equipment as a result of such use;
5) Unauthorized use of common carrier communication services provided by another company/third party accessed through the product;
6) damage caused by (a) accident, fire, misuse, neglect, unusual physical or electrical stress, liquid ingress or modification; (b) improper or unauthorized installation, wiring, repair, testing; or (c) use of the product outside Poly published guidelines;
7) instances in which someone other than Poly (or its authorized service centers) tests, alters, modifies or services the products in any way;
8) products that have (a) serial numbers or date tags that have been removed or altered, or (b) nonconforming or non-Poly housings or parts; and
9) Limited life consumable components and accessories, that are subject to normal wear and tear, such as cases, cradles, protective coatings, headbands and ear tips, (unless they are found to be non-functional or broken upon purchase of product).
Poly does not provide a warranty for software (whether pre-loaded on hardware or provided as a standalone product) under this Limited Warranty – please refer to the applicable Poly end user license agreement or software license. No warranty is made that any software provided by Poly will meet your requirements or will work in combination with any hardware or applications software products provided by third parties, that the operation of the software will be uninterrupted or error free, or that defects in the software will be corrected.
What Will We Do to Correct Problems?
For an end user customer with a Poly product that is within the applicable Warranty Period and has a defect that is covered by this Limited Warranty, Poly will repair or replace, at its option, the Poly product if you provide notice to Poly and return the product to Poly in the manner described in this Limited Warranty.
Poly may repair or replace products under this Limited Warranty: (a) with new or reconditioned products, parts, or components, or (b) with a similar Poly product if the eligible product under this Limited Warranty has been discontinued.
Poly further warrants on the same terms as this Limited Warranty the repaired or replaced Poly products for the greater of: (a) ninety (90) days following the repair and/or replacement, or (b) the remainder of the original Warranty Period for the Poly product that was repaired or replaced.
When a Poly product is replaced, the replacement product becomes your property, and the returned product becomes the property of Poly.
In the unlikely event that your Poly product has recurring failures or Poly is unable to repair or replace the Poly product, Poly will provide you with a replacement Poly product that is selected by Poly and is the same or similar in performance.
This is your exclusive remedy for a defective Poly product that is covered by this Limited Warranty.
What Exclusions and Limitations Apply to this Limited Warranty?
POLY MAKES NO OTHER EXPRESS WARRANTY WHETHER WRITTEN OR ORAL AND POLY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. TO THE EXTENT ALLOWED BY THE LAW, POLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
THE MAXIMUM LIABILITY OF POLY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF THAT PRODUCT OR ANY COMPONENT OR PART THAT MALFUNCTION IN CONDITIONS OF NORMAL USE. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL POLY BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. POLY IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSONAND IS EFFECTIVE EVEN IF YOU HAVE ADVISED POLY OR AN AUTHORIZED REPRESENTATIVE OF POLY OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
What Law Governs This Warranty?
THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COUNTRY IN WHICH THE PRODUCT WAS ORIGINALLY PURCHASED. FOR CONSUMER TRANSACTIONS, THE LIMITED WARRANTY TERMS CONTAINED IN THIS STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY BUT ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS PRODUCT TO YOU.
For United States residents, any disputes arising out of this Limited Warranty or otherwise relating to your purchase of the Poly product that is the subject of this Limited Warranty, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the law of the state in which you currently reside, without regard to its conflict-of-law principles.
What Other Legal Rights May Exist?
THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY ALSO HAVE ADDITIONAL RIGHTS THAT MAY VARY IN YOUR STATE OR IN YOUR COUNTRY. SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
Warranty Policy for Australia and New Zealand
The benefits provided under this Limited Warranty are in addition to other rights and remedies provided under Australian and New Zealand Law.
Nothing in this warranty modifies or excludes your legal rights under the Australian Competition and Consumer Act or the New Zealand Consumer Guarantees Act.
If you purchased your Product in New Zealand for the purposes of a business, you acknowledge and agree that the New Zealand Consumer Guarantees Act does not apply.
In Australia, Poly products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. What constitutes a major failure is set out in the Australian Consumer Law. Please refer to the information provided by Poly in the materials received at the time of purchase.
This warranty is provided by Plantronics, Inc. (“Poly”), 345 Encinal St., Santa Cruz, CA 95060, USA. Additional Poly office locations and contacts can be found at www.poly.com or in Australia by calling (toll free) 1-800-725-598.