USRobotics 7905A manual Limitations, Disclaimer, Governing LAW

of purchase. U.S. ROBOTICS may deny warranty service if visual inspection of the returned product or part does not match the CUSTOMER supplied information for which the RMA was issued.

4.6Once a CUSTOMER return has been unpacked, visually inspected, and tested U.S. ROBOTICS will, at its sole discretion, repair or replace, using new or reconditioned product or parts, to whatever extent it deems necessary to restore the product or part to operating condition.

4.7U.S. ROBOTICS will make reasonable effort to ship repaired or replaced product or part to CUSTOMER, at U.S. ROBOTICS expense, not later than TWENTY ONE (21) DAYS after U.S. ROBOTICS receives the authorised CUSTOMER return at an authorised U.S. ROBOTICS Return Centre.

4.8U.S. ROBOTICS shall not be liable for any damages caused by delay in delivering or furnishing repaired or replaced product or part.

5.0LIMITATIONS:

5.1THIRD-PARTY SOFTWARE: This U.S. ROBOTICS product may include or be bundled with third-party software, the use of which is governed by separate end-user license agreements provided by third-party software vendors. This U.S. ROBOTICS Limited War- ranty does not apply to such third-party software. For the applicable warranty refer to the end-user license agreement governing the use of such software.

5.2DAMAGE DUE TO MISUSE, NEGLECT, NON-COMPLIANCE, IMPROPER INSTALLATION, AND/OR ENVIRONMENTAL FACTORS: To the extent permitted by applicable law, this U.S. ROBOTICS Limited Warranty does not apply to normal wear and tear; damage or loss of data due to interoperability with current and/or future versions of operating system or other current and/or future software and hardware; alterations (by persons other than U.S. ROBOTICS or authorised U.S. ROBOTICS Service Centres); damage caused by operator error or non-compliance with instructions as set out in the user documentation or other accompanying documenta- tion; damage caused by acts of nature such as lightning, storms, floods, fires, and earthquakes, etc. Products evidencing the product serial number has been tampered with or removed; misuse, neglect, and improper handling; damage caused by undue physical, temperature, or electrical stress; counterfeit products; damage or loss of data caused by a computer virus, worm, Trojan horse, or memory content corruption; failures of the product which result from accident, abuse, misuse (including but not limited to improper installation, connection to incorrect voltages, and power points); failures caused by products not supplied by

U.S. ROBOTICS; damage cause by moisture, corrosive environments, high voltage surges, shipping, abnormal working conditions; or the use of the product outside the borders of the country or territory intended for use (As indicated by the Product Model Number and any local telecommunication approval stickers affixed to the product).

5.3TO 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, STATU- TORY 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. U.S. ROBOTICS NEITHER ASSUMES NOR AUTHORISES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, WARRANTY, OR USE OF ITS PRODUCTS.

5.4LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, U.S. ROBOTICS ALSO EXCLUDES FOR ITSELF AND ITS SUP- PLIERS 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, MAIN- TENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF U.S. ROBOTICS OR ITS AUTHORISED 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 U.S. ROBOTICS OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.

6.0 DISCLAIMER:

Some countries, states, territories 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 CUSTOMER. When the implied warranties are not allowed by law to be excluded in their entirety, they will be limited to the TWO (2) YEAR duration of this written warranty. This war- ranty gives CUSTOMER specific legal rights, which may vary depending on local law.

7.0 GOVERNING LAW:

This Limited Warranty shall be governed by the laws of the State of Illinois, U.S.A. excluding its conflicts of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.

U.S. Robotics Corporation 935 National Parkway Schaumburg, IL, 60173 U.S.A.

8