3Com Corporation Limited Warranty

CoreBuilder® 5000 SwitchModule

HARDWARE

3Com warrants to the end user (“Customer”) that this hardware product will be free from defects in workmanship and materials, under normal use and service, for one (1) year from the date of purchase from 3Com or its authorized reseller.

3Com’s sole obligation under this express warranty shall be, at 3Com’s option and expense, to repair the defective product or part, deliver to Customer an equivalent product or part to replace the defective item, or if neither of the two foregoing options is reasonably available, 3Com may, in its sole discretion, refund to Customer the purchase price paid for the defective product. All products that are replaced will become the property of 3Com. Replacement products may be new or reconditioned. 3Com warrants any replaced or repaired product or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.

SOFTWARE

3Com warrants to Customer that each software program licensed from it will perform in substantial conformance to its program specifications, for a period of ninety (90) days from the date of purchase from 3Com or its authorized reseller. 3Com warrants the media containing software against failure during the warranty period. No updates are provided. 3Com's sole obligation under this express warranty shall be, at 3Com's option and expense, to refund the purchase price paid by Customer for any defective software product, or to replace any defective media with software which substantially conforms to applicable 3Com published specifications. Customer assumes responsibility for the selection of the appropriate applications program and associated reference materials. 3Com makes no warranty or representation that its software products will meet Customer’s requirements or work in combination with any hardware or applications software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the software products will be corrected. For any third-party products listed in the 3Com software product documentation or specifications as being compatible, 3Com will make reasonable efforts to provide compatibility, except where the non-compatibility is caused by a “bug” or defect in the third party's product or from use of the software product not in accordance with 3Com’s published specifications or user manual.

THIS 3COM PRODUCT MAY INCLUDE OR BE BUNDLED WITH THIRD-PARTY SOFTWARE, THE USE OF WHICH IS GOVERNED BY A SEPARATE END USER LICENSE AGREEMENT. THIS 3COM WARRANTY DOES NOT APPLY TO SUCH THIRD-PARTY SOFTWARE. FOR THE APPLICABLE WARRANTY, PLEASE REFER TO THE END USER LICENSE AGREEMENT GOVERNING THE USE OF SUCH SOFTWARE.

YEAR 2000 WARRANTY

See the 3Com Year 2000 Web site at

http://www.3com.com/products/yr2000.html

OBTAINING WARRANTY SERVICE

Customer must contact a 3Com Corporate Service Center or an Authorized 3Com Service Center within the applicable warranty period to obtain warranty service authorization. Dated proof of purchase from 3Com or its authorized reseller may be required. Products returned to 3Com's Corporate Service Center must be pre-authorized by 3Com with a Return Material Authorization (RMA) number or User Service Order (USO) 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. Responsibility for loss or damage does not transfer to 3Com until the returned item is received by 3Com. 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.

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. 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. The shipment of advance replacement products is subject to local legal requirements and may not be available in all locations. 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.

INCLUDED SERVICES:

Telephone Support, with coverage for basic troubleshooting only, will be provided for ninety (90) days from the date of purchase, on a commercially reasonable efforts basis. Please refer to the Technical Support appendix in the Getting Started Guide for telephone numbers.

3Com’s Web and Bulletin Board Services provide 3Knowledgebase, bug tracking, documentation, release notes, and some software maintenance releases at no charge.

WARRANTIES EXCLUSIVE

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, POWER CUTS OR OUTAGES, 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.

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.

GOVERNING LAW

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

3Com Corporation

5400 Bayfront Plaza P.O. Box 58145

Santa Clara, CA 95052-8145 (408) 326-5000