Warranties Exclusive

pre-authorized by 3Com with a Return Material Authorization (RMA) number marked on the outside of the package, and sent prepaid and packaged appropriately for safe shipment, and it is recommended that they be insured or sent by a method that provides for tracking of the package. The repaired or replaced item will be shipped to Customer, at 3Com's expense, not later than thirty (30) days after 3Com receives the defective product.

Dead- or Defective-on-Arrival. In the event a product completely fails to function or exhibits a defect in materials or workmanship within the first forty-eight (48) hours of installation but no later than thirty (30) days after the date of purchase, and this is verified by 3Com, it will be considered dead- or defective-on-arrival (DOA) and a replacement shall be provided by advance replacement. The replacement product will normally be shipped not later than three (3) business days after 3Com’s verification of the DOA product, but may be delayed due to export or import procedures. When an advance replacement is provided and Customer fails to return the original product to 3Com within fifteen (15) days after shipment of the replacement, 3Com will charge Customer for the replacement product, at list price.

3Com shall not be responsible for any software, firmware, information, or memory data of Customer contained in, stored on, or integrated with any products returned to 3Com for repair, whether under warranty or not.

ADDITIONAL SERVICES:

Telephone Support. This OfficeConnect® product comes with telephone technical support for ninety (90) days. The ninety (90) day period begins on the date of Customer's product purchase.

The telephone technical support is available from 3Com from 9 a.m. to 5 p.m., local time, Monday through Friday, excluding local holidays. Telephone technical support is limited to the 3Com products designated above and may include assistance with installation, product specific configuration, and identification of equipment problems. Please refer to the Technical Support appendix in the User Guide for telephone numbers.

Response to requests for telephone technical support will be in the form of a return call from a 3Com representative by close of business the following business day.

To qualify for this 90 days of telephone technical support, you must register on the 3Com Web site at http://support.3Com.com/index.htm, and provide your date of purchase, product number, and serial number. 3Com reserves the right to modify or cancel this telephone support offering at any time, without advance notice. This offer is not available where prohibited or restricted by law.

3Com’s Web and Bulletin Board Service are available at no charge, and provide software and firmware upgrades, a bug list, and technical information about 3Com products.

IF A 3COM PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER'S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT 3COM'S 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. 3COM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.

3COM SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY CUSTOMER'S OR ANY THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO OPEN, REPAIR OR MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OTHER HAZARDS, OR ACTS OF GOD.

LIMITATION OF LIABILITY

TO THE FULL EXTENT ALLOWED BY LAW, 3COM ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF 3COM OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT 3COM'S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.