3Com 710011, 3C985B-SX Warranty Software License Agreement, 3Com Corporation Limited Warranty

Warranty and

Software License Agreement

3Com Corporation Limited Warranty

3Com Gigabit EtherLink Server Network Interface Cards (NICs)

HARDWARE

3Com warrants this hardware product to be free from defects in workmanship and materials, under normal use and service, for the following length of time from the date of purchase from 3Com or its authorized reseller:

Three (3) years

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 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.

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 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.