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This license is non-free. It was originally found at: http://www.polycom.com/global/pw_item_show_doc/0,,4424,00.pdf but that URL is gone. A copy of the latest available version from archive.org has been preserved here for reference. The license has been converted from PDF format to plain text.
License Text
SIREN14TM LICENSE AGREEMENT
This Siren14 License Agreement (“Agreement”) is entered into by and among Polycom, Inc., a
Delaware corporation, having principal offices at 4750 Willow Rd. Pleasanton California, 94588
(“Polycom”) and __________________________, a __________________ corporation with
principal offices at _____________________________________ (“Licensee”).
Polycom is in the business of designing, manufacturing, branding, marketing and licensing
hardware and software related to the visual and audio communications industry.
Polycom is in the business of licensing to third parties certain software and technology which it
owns or has the right to license.
Polycom owns technology and intellectual property related to certain audio codecs (“Siren14
Technology”). Polycom’s technology and intellectual property may include, without limitation,
patents and patent applications, trademarks, trade secrets, copyrights, software, hardware and
know-how.
Polycom desires to license this technology for reasons including, without limitation, the
following: to encourage its widespread use; to encourage interoperability of all the components
that comprise a communications infrastructure to encourage interoperability between equipment
made by different vendors; to seek return on its investment in this technology; and to encourage
sales of its own products.
Licensee desires to obtain licenses as defined herein for Polycom’s Siren14 Technology (as
described in the Siren14 Technology Specification of Exhibit A) for use with audio and video
products. Polycom is willing to grant to Licensee such a license upon the terms and conditions
hereinafter set forth.
In consideration of the premises and mutual covenants contained herein, the parties agree as
follows:
1. Definitions.
1.1 “Licensee” means the corporation (other than Polycom) indicated in the first
paragraph of this Agreement. Licensee also includes subsidiaries of such
corporation but only during a time that such subsidiary meets all of the following
conditions: such corporation owns more than 50% of the ordinary outstanding
voting shares of such subsidiary; such corporation controls such subsidiary; and
such subsidiary agrees and is bound to all obligations of Licensee hereunder,
including without limitation to license the subsidiaries intellectual property
applying the terms of this agreement as if the subsidiary were Licensee.
1.2 “Licensed Patents” means any claims of patents or patent applications owned now
or in the future by Polycom or its subsidiaries that are necessary to infringe in
order to comply with the Siren14 Technology Specification (Exhibit A).
Notwithstanding the foregoing, Licensed Patents do not include patent claims that
are necessary to infringe for in order to make, use or sell a commercially viable
audio or video product, but do not relate to incorporation of Siren14 Technology
within such audio or video product. As an example of this limitation, the sale of a
certain product is NOT licensed under a certain patent claim if such claim would
be infringed by the selling that certain product without incorporation of Siren14
Technology.
1.3 “Licensed Technology” means software, Software, know-how and trade secret
information provided in explicit writing, to Licensee, by Polycom, under this
Agreement and specifically identified in Exhibit A.
1.4 “Licensed Copyrights” means all copyrights in and to materials, including
software, provided to Licensee by Polycom, under this Agreement and appended
as Exhibit A.
“Licensed Trademark” means the mark “Polycom® Siren14TM”.
1.5
1.6 “Licensed Product” means an audio or video product that: conforms with the
Siren14 Technology Specification; and, is compatible (for communication
purposes) with substantially all audio or video products so conformant; and, that
displays the Licensed Trademark as required in this Agreement.
1.7 “Derivative Work” shall mean a work which is based upon one or more
preexisting works, such as a revision, enhancement, modification, translation,
abridgment, condensation, expansion, or any other form in which such a preex-
isting work may be recast, transformed, or adapted, and which, if prepared
without authorization of the owner of the copyright in such preexisting work,
would constitute copyright infringement under United States law.
1.8 “Software” means the code as described in Exhibit A as delivered by Polycom to
Licensee, and any revisions, modifications, or derivations constituting a
Derivative Work.
2. Licenses.
2.1 Subject to the terms and conditions of this Agreement (including, without
limitation, the provisions for license termination), Polycom hereby grants to
Licensee a royalty-free, personal, non-exclusive, nontransferable worldwide
license under the Licensed Patents, to make, use, import, offer for sale, sell or
otherwise transfer Licensed Products.
2.2 Subject to the terms and conditions of this Agreement (including, without
limitation, the provisions for license termination), Polycom hereby grants to
Licensee a royalty-free, personal, non-exclusive, nontransferable worldwide
license under the Licensed Technology, to make, use, import, sell or otherwise
transfer Licensed Products.
2.3 Subject to the terms and conditions of this Agreement (including, without
limitation, the provisions for license termination), Polycom hereby grants to
Licensee a royalty-free, non-exclusive, worldwide, non-transferable license under
Licensed Copyrights to reproduce, execute, perform, display and distribute
internally and/or externally copies of non-confidential materials, to prepare or
have prepared Derivative Works based upon such Licensed Copyrights, and to
reproduce, execute, perform, display and distribute internally and/or externally
copies of such Derivative Works, all such rights exclusively for the purpose of
making, using, selling or otherwise distributing Licensed Products. Licensee may
authorize third parties to make copies on Licensees’ behalf provided that Licensee
wholly indemnifies and holds harmless Polycom for any damages and attorney
fees caused by any actions of the third party that are inconsistent with Licensee’s
rights under this agreement.
2.4 Subject to the terms and conditions of this Agreement (including, without
limitation, the provisions for license termination), Polycom hereby grants to
Licensee, a royalty-free, world wide, non-exclusive, non-transferable license to
use the Licensed Trademark exclusively for the marketing of Licensed Products.
2.5 Notwithstanding any contradictory language in this Agreement, all of the
foregoing license grants are strictly limited to the minimum extent that is
necessary for Licensee to make, use and sell Licensed Product.
2.6 Licensee may not sub-license under any of the license grants herein.
2.7 Licensee shall mark every Licensed Product with a proper statutory patent notice
as required by the patent laws of the licensed country, and as reasonably requested
by Polycom. Such patent notice shall be placed on the Licensed Product itself, or
on the Licensed Product's packaging, if from the character of the Licensed
Product a patent notice cannot be placed on the Licensed Product.
2.8 Licensee shall mark every Licensed Product with a proper copyright notice in like
manner as used in materials provided by Polycom (including source code).
Licensee shall not remove or delete copyright notices from the provided material.
Licensee shall further provide copyright notice as reasonably requested by
Polycom.
Special Termination: In the event that Licensee makes a Qualifying Patent
2.9
Assertion against Polycom or any of its subsidiaries, Polycom may immediately
terminate all patent rights conveyed herein. Such termination shall occur
immediately upon receipt of notice (as evidenced by signature to mail or package
carrier) of such termination by Polycom. A Qualifying Patent Assertion is an
accusation of patent infringement qualifying under 35 U.S.C. §287 as notice in
the event of a failure to mark and wherein the accusation regards making, using,
selling or importing a Polycom product or service, or a component thereof. The
parties acknowledge that the intent of this section is to give Polycom the right to
assert Licensed Patents against Licensee in the event that Licensee Makes a
Qualifying Patent Assertion. Polycom agrees that in the event that it asserts
Licensed Patents against Licensee, Polycom will not request or demand an
injunction with respect to Licensed Patents unless Licensee has requested or
demanded an injunction as part of its Qualifying Patent Assertion (or in
subsequent related assertions). Polycom further agrees that in the event that it
asserts Licensed Patents against Licensee, that any license terms for the Licensed
Patents will not exceed reasonable terms and conditions that are demonstrably
free of any unfair discrimination, provided that Licensee agrees to the same for
any of the patents in the Qualifying Patent Assertion.
3. Title.
Title to, ownership of, and all applicable rights in and to Licensed Patents, Licensed Technology,
Licensed Copyrights and Licensed Trademarks, including Polycom’s updates, revisions and
enhancements, whether or not such revisions, updates or enhancements are provided to Licensee,
shall not transfer to Licensee or any end user, and shall remain in Polycom or its licensors. All
use of Polycom’s trademarks or brand names shall inure to the benefit of Polycom. The use by
Licensee of any of these property rights is authorized only for the purposes set forth herein, and
upon termination of this Agreement for any reason, such authorization shall cease.
4. Licensee Obligations.
As consideration in part for Polycom’s license grants, Licensee agrees to meet the following
performance requirements:
4.1 Licensee will give credit to Polycom by displaying the Licensed Trademark in all
products, product marketing, documentation, advertising or labeling for Licensed
Products in conformance with the trademark credit guidelines in Exhibit B. In the
event that Licensee’s customer is a conference service provider, Licensee will
require such customers to give credit to Polycom by displaying the Licensed
Trademarks in all their products, product marketing, documentation, advertising
or labeling in conformance with the trademark credit guidelines in Exhibit B.
4.2 Licensee further agrees to be publicly listed as a licensee of Siren14 by Polycom.
5. No Warranties, No Liability.
5.1 DISCLAIMER OF WARRANTY: THE SIREN 14 TECHNOLOGY AND
MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT ARE
PROVIDED "AS IS." POLYCOM DOES NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SIREN 14 TECHNOLOGY, SOFTWARE OR ANY INFORMATION
PROVIDED HEREUNDER. POLYCOM MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-
PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE.
5.2 Licensee assumes the entire risk of using the Siren14 Technology and related
materials.
5.3 Nothing contained in this Agreement shall be construed as a warranty or
representation that the manufacture, sale, lease, use or other disposition of
Licensed Products will be free from infringement of patents, trademarks,
copyrights or other rights of third parties or that the Licensee will be able to
manufacture Licensed Products based upon the materials transferred hereunder
from Polycom. Licensee assumes the risk of defects or inaccuracies in the
Siren14 Technology or other materials licensed hereunder.
5.4 IN NO EVENT SHALL POLYCOM BE LIABLE TO LICENSEE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF
PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH
OF WARRANTY OR OTHERWISE ARISING IN ANY WAY OUT OF THIS
AGREEMENT, EVEN IF POLYCOM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT
LIMITATION. POLYCOM SHALL HAVE NO LIABILITY,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE, WHICH
MIGHT ARISE OUT OF THE LICENSEE'S USE OF THE LICENSED
PATENTS, LICENSED COPYRIGHTS OR LICENSED TECHNOLOGY.
5.5 EXCEPT AS EXPRESSLY STATED IN THIS SECTION 5, THERE ARE NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW
OR OTHERWISE UNDER THIS AGREEMENT.
6. Maintenance and Support.
POLYCOM HAS ABSOLUTELY NO OBLIGATION TO PROVIDE SUPPORT UNDER
THIS AGREEMENT OR IN CONNECTION WITH THE SIREN 14 TECHNOLOGY.
LICENSEE OR ITS AGENTS SHALL PROVIDE ALL SUPPORT FOR LICENSEE’S USE OF
THE MATERIALS LICENSED HEREUNDER AND LICENSEE’S LICENSED PRODUCTS.
7. Limitation of Liability.
IN NO EVENT SHALL POLYCOM BE LIABLE TO LICENSEE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE ARISING IN ANY WAY
OUT OF THIS AGREEMENT, EVEN IF POLYCOM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
8. Export and Compliance With Laws.
Licensee understands and acknowledges that Polycom is subject to regulation by agencies of the
U.S. Government which prohibit export or diversion of certain products and software to certain
countries and certain organizations and individuals. Licensee warrants that it will comply with
the Export Administration and other United States laws and regulations in effect from time to
time with respect, but without limitation, to Licensed Patents, Software and Licensed Products.
9. Force Majeure.
In no event shall either party be deemed in default of any of its obligations hereunder nor liable
for any delay or failure in its performance which results from contingencies beyond its
reasonable control including, without limitation, fire, explosion, flood, strike, war, civil
disturbances, acts of God or acts in compliance with any law or government regulation.
10. Relationship of the Parties and Indemnification.
10.1 The parties agree that each is an independent contractor with respect to this
Agreement and each other. Licensee shall in no way represent itself nor permit
any party acting on its behalf to represent itself as a partner, franchisee, joint
venture, agent, employee or representative of Polycom. Licensee further
acknowledges that neither Licensee nor any party acting on its behalf shall have
any right, power or authority, express or implied, to obligate Polycom in any way.
10.2 Licensee shall indemnify and hold Polycom harmless from any claim, damage,
expense or loss to persons or property, including reasonable attorney’s fees,
arising out of this Agreement (other than from Polycom’s breach or negligence)
or any acts of commission or omission by Licensee or any party acting on its
behalf in relation to Licensed Patents, Licensed Technology or Licensed
Copyrights licensed by Polycom hereunder, or the use or distribution of Licensed
Products or any other product or service not provided by Polycom, including, but
not limited to Licensee’s failure to comply with its obligations under this
Agreement.
11. Trademark Goodwill and Quality Control.
11.1 Licensee acknowledges that all rights to the Licensed Trademark and the goodwill
associated with it are the exclusive property of Polycom.
11.2 Licensee agrees that it shall not, during the term of this Agreement or thereafter,
attack the title or any rights of Polycom in and to the Licensed Trademark, apply to
register or maintain any application or registration of the Licensed Trademark, or
any other mark confusingly similar thereto, in any jurisdiction, except as requested
or permitted by Polycom and with the obligation to assign any rights resulting from
such use to Polycom upon request, and that it will not take any action that would
tend to destroy or diminish the goodwill in the Licensed Trademark.
11.3 Licensee agrees to cooperate fully with Polycom in securing and maintaining the
goodwill of the Licensed Trademark. Licensee agrees to fully cooperate with any
registration efforts of Polycom upon the request of Polycom, including such efforts
to maintain existing applications or registrations and efforts to file and secure
additional registration of the Licensed Trademark and marks related thereto.
11.4 All past, present and future use of the Licensed Trademark by Licensee shall inure to
the benefit of Polycom.
11.5 Licensee agrees that it shall not expand its use of the Licensed Trademark except as
provided in this Agreement or as approved in writing from Polycom.
11.6 Polycom shall have the right to ascertain whether the Licensed Products offered by
Licensee under this Agreement are of an acceptable level of quality, and Licensee
shall cooperate in Polycom’s exercise of this right.
11.7 If Polycom finds that the quality of the Licensed Products being offered under this
Agreement is unacceptable to Polycom, it shall specifically notify Licensee in
writing of the reasonable changes which Polycom deems necessary to attain an
acceptable level of quality. Licensee agrees that upon such notice, it shall make
such reasonable changes within a reasonable period of time and shall thereafter
maintain an acceptable level of quality. If Licensee is unable to address Polycom’s
objections to Polycom’s satisfaction, Polycom may terminate this Agreement with
30 days written notice to Licensee.
11.8 Licensee agrees to make proper use of the Licensed Trademark in accordance with
accepted trademark practice and as directed by Polycom and will abide by the
trademark credit guidelines set forth in Exhibit B.
11.9 Licensee agrees that it will not use the Licensed Trademark in any design form
other than those specifically approved in writing by Polycom prior to such use.
11.10 Licensee shall submit to Polycom for inspection one copy of each example of its
uses of the Licensed Trademark, including print materials and advertisements in
any form for the purpose of assuring proper use of the Licensed Trademark and
compliance with the terms of this Agreement. Polycom shall have two weeks
after an inspection in which to render its objections, if any, in writing. In the
absence of objection, or upon earlier written acceptance, the uses will be deemed
in compliance.
11.11 Polycom’s ownership shall be indicated whenever the Licensed Trademark is
used by Licensee, whether use is on a product or on a descriptive, instructional,
advertising, or promotional material as defined in the trademark credit guidelines
in Exhibit B.
11.12 Upon expiration or termination of this Agreement, Licensee will immediately
discontinue use of the Licensed Trademarks authorized herein except as set forth
in Section 12.3.e.
12. Term, Termination and Default.
12.1 Unless earlier terminated under Section 12.2, this Agreement is effective upon
Polycom’s signature and shall remain in effect for one year. This agreement will
be renewed annually unless terminated otherwise under this section.
12.2 This Agreement may be terminated by Licensee at any time without cause on 30
days written notice.
12.3 This Agreement may be terminated immediately for cause by Polycom in the
event Licensee:
12.3.a Becomes insolvent or if a judgment or decree is entered against Licensee
approving a petition for an arrangement, liquidation, dissolution or similar
relief relating to bankruptcy or insolvency, and such judgment or decree
remains unvacated for thirty (30) days; or immediately if: (a) Licensee
files a voluntary petition in bankruptcy or any petition or answer seeking
any arrangement, liquidation or dissolution related to bankruptcy,
insolvency or other relief of debtors; or (b) Licensee seeks or consents to
or acquiesces in the appointment of any trustee or receiver, or the
liquidation of Licensee’s property;
12.3.b Subsequently ceases to function; or
12.3.c Fails to perform any of its obligations hereunder so as to be in default and
fails to cure such default within thirty (30) days after written notification
thereof, as set forth below.
12.3.d In the event of termination by either party in accordance with any of the
provisions of this Agreement, neither party shall be liable to the other
because of such termination for compensation, reimbursement, or damages
on account of the loss of prospective profits or anticipated sales or on
account of expenditures, inventory, investments, leases or commitments in
connection with the business or goodwill of Polycom or Licensee. No
termination of this Agreement shall affect any obligations incurred prior to
the effective date of termination.
12.3.e In the event of termination of this Agreement for any reason except for
Licensee’s breach, subject to all the terms of this Agreement, Licensee
shall have the right to continue to sell its then-current inventory of
Licensed Products but in no event longer than six (6) months. Following
such six month period, Licensee’s rights hereunder shall cease in their
entirety. If termination is for Licensee’s breach, Licensee shall have no
right to continue to sell Licensed Products.
12.3.f In the event that more than 50% of the voting stock of Licensee is
transferred to any third party, or Licensee otherwise comes under the
majority beneficial ownership of a third party, the rights and obligations of
this Agreement may be assigned to the acquiring party, subject to
Polycom’s written agreement, which is not to unreasonably be withheld.
12.3.g The provisions of Sections 4, 5, 7, 8, 10.2, 11 and 13 shall survive the
termination or expiration of this Agreement.
13. General.
13.1 In addition to the requirements of Section 12.3.f above, Licensee shall not assign
or transfer, or attempt to assign or transfer, any part or all of this Agreement or
any of Licensee's rights or obligations hereunder, without the prior written
consent of Polycom.
13.2 Either party may elect to continue performance hereunder notwithstanding any
breach of this Agreement and such performance shall not constitute a waiver of
any of such party's rights hereunder.
13.3 Any notice required or permitted to be given under this Agreement shall be
effective when received by a party at the address set forth above or at such other
address as such party may request by notice.
13.4 This Agreement is made in Pleasanton, California, and shall be governed by the
laws of California, except that the United Nations Convention of Contracts for
International Sale of Goods, 1980, shall not apply to the interpretation of this
Agreement with respect to international sales.
13.5 If any provision of this Agreement is held to be invalid, illegal or unenforceable,
the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired thereby.
13.6 THIS AGREEMENT, TOGETHER WITH ANY EXHIBITS EXPRESSLY
MADE A PART HEREOF, EMBODIES THE ENTIRE AGREEMENT AND
UNDERSTANDING BETWEEN THE PARTIES HERETO AND
SUPERSEDES ALL PRIOR AGREEMENTS AND UNDERSTANDINGS,
WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF.
POLYCOM, INC. LICENSEE
By: By:
Name: Name:
Title: Title:
Effective Date: Date:
Exhibit A
Siren14TM Technology Specification
The Siren14TM technology is defined as:
1. ITU-T Recommendation G.722.1, Annex C, including both the text of the standard and
the associated fixed-point C source code software.
2. The 16/32-bit fixed-point C source code implementing Siren14 as supplied by Polycom.
3. The floating-point C source code implementing Siren14 as supplied by Polycom.
Although both versions of the source code software implement both Siren14 (ITU-T
Recommendation G.722.1 Annex C) and Siren7 (ITU-T Recommendation G.722.1), the Siren7
mode is NOT included.
Siren14 licensees may not enable the Siren7 mode in their products without a separate Siren7
license from Polycom.
Exhibit B
Trademark Credit Guidelines
Licensees shall give credit to Polycom for the Siren14TM technology as follows:
1. In all products, services, marketing material, advertising, and documentation, whenever the
specific audio coding mode is mentioned, credit must be given by describing the Siren14
mode as “Polycom® Siren14TM”. The audio coding may also, in addition, be described in
other truthful ways, for example by the name of the standard (ITU-T Rec. G.722.1 Annex C).
The credit must be at least as prominent, in terms of size, color, font, placement, etc., as any
mention or description of other audio coding modes.
Except for the cases specifically mentioned below, credit is not necessary unless specific audio
coding modes are being described.
2. In product or service documentation, including specifications: Product or service
documentation must indicate that the product or service uses “Polycom® Siren14TM” audio
coding technology. The audio coding may also, in addition, be described in other truthful
ways, for example by the name of the standard (ITU-T Rec. G.722.1 Annex C).
The following are examples of acceptable credit statements:
Audio coding: Polycom® Siren14TM (ITU-T Rec. G.722.1 Annex C)
Audio coding: ITU-T Rec. G.722.1 Annex C (Polycom® Siren14TM)
Audio codec: G.722.1 Annex C / Polycom® Siren14TM
Audio: G.722.1C / Polycom® Siren14TM
Audio modes supported: G.711, G.728, G.722.1 Annex C (Polycom® Siren14TM), G.729.
The credit must be at least as prominent, in terms of size, color, font, placement, etc., as any
mention or description of other audio coding modes, and shall not be less prominent than other
specification details of similar importance to product function.
3. In marketing materials and advertising: Marketing materials and advertising that specifically
mentions details of audio technology used in the product or service must give credit to
Polycom for Siren14.
The credit must be at least as prominent, in terms of size, color, font, placement, etc., as any
mention or description of other audio coding modes.
For example, if you say that "our product has great audio quality", credit is not necessary as the
statement does not mention technology details. But the statement “Product X supports G.711
and G.729, as well as other codecs" is not acceptable, as details are provided but credit is
missing.
Examples of acceptable credit in marketing and advertising materials:
“Product X supports G.711, G.729, and Polycom® Siren14TM audio coding technology among other
codecs.”
“Product X offers VibrantSound TM, using Polycom® Siren14TM technology, for the ultimate listening
experience.”
4. In products or services: Products and services that display or allow a user to choose or
observe an audio mode in use must give credit to Polycom for Siren14 by displaying the
trademark in cases where this is practical considering the user interface and space available.
The credit must be at least as prominent, in terms of size, color, font, placement, etc., as any
mention or description of other audio coding modes.
The following are examples of cases where credit is and is not required:
A PC-based telephony application under Windows. Credit is required – one possible location is under
Help>About. Additionally,
1. If the application has a pull-down menu to choose a audio mode, the Siren14 choice must be described
as Polycom® Siren14TM in the menu (possibly in addition to other descriptions).
2. If the application has a status screen where the audio mode in use or chosen is displayed, the status
screen must describe the Siren14 mode as Polycom® Siren14TM (possibly in addition to other
descriptions).
An iPod-like music player that only uses Siren14 audio – no credit is required, as the user cannot choose or
monitor the audio mode.
An iPod-like music player that supports several audio modes which are automatically chosen without user
intervention in which the audio mode in use is not visible to the user – no credit is required, as the user
cannot choose or monitor the audio mode.
An iPod-like music player that supports several audio modes which are automatically chosen without user
intervention which displays the audio mode in use – credit is required if and only if the display is
practically capable of showing the Polycom® Siren14TM credit. For example, a 160x160 bitmap display
that can show general alphanumeric information must show the credit. A 7-segment single character
display that shows the mode in use as “1”, “2”, or “3” does not have to show the credit, as this is not
practical.
A plain black telephone with a rotary dial – no credit is needed.
A mobile phone with an alphanumeric display that does not show or allow the user to choose the audio
mode in use – no credit is needed.
A mobile phone with a alphanumeric display that shows what audio mode is in use in a 40-character text
field – credit is required.
An audio recorder that selects the recording audio mode with a slide switch with three positions – credit is
required only if the positions are marked with a description of the mode, and there is practically room for
the credit in the marking location.