3COM END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: READ BEFORE INSTALLING THE SOFTWARE
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING AND USING THIS PRODUCT, THE USE OF WHICH IS LICENSED BY 3COM CORPORATION (“3COM”) TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PART OF THE SOFTWARE OR DOCUMENTATION INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDI- TIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE OR DOCUMENTATION. RETURN THE ENTIRE PRODUCT WITH THE SOFTWARE AND DOCUMENTATION UNUSED TO THE SUPPLIER WHERE YOU OB- TAINED IT.
LICENSE
3Com grants you a nonexclusive, nontransferable (except as specified herein) license to use the accompanying software program(s) in executable form (the “Software”) and accompanying documentation (the “Documentation”), subject to the terms and restrictions set forth in this Agreement. You are not permitted to lease, rent, distribute or sublicense (except as specified herein) the Software or Documentation or to use the Software or Documentation in a time-sharing arrangement or in any other unautho- rized manner. Further, no license is granted to you in the human readable code of the Software (source code). Except as provided below, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Software or Documentation. Subject to the restrictions set forth herein, the Software is licensed to be used by one (1) user on any personal computer owned by or leased to you, for your internal use. You may reproduce one (1) copy of the Software and Documentation for backup or archive purposes. Any copy of the Software and Documentation must contain 3Com’s and its licensors’ proprietary rights and copyright notices in the same form as on the original. You agree not to remove or deface any portion of any legend provided on any licensed program or documenta- tion delivered to you under this Agreement.
ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software, Docu- mentation and the licenses granted herein to another party in the same country in which you obtained the Software and Documentation if the other party agrees in writing to accept and be bound by the terms and conditions of this Agreement. If you transfer the Software and Documentation, you must at the same time either transfer all copies of the Software and Documentation to the party or you must destroy any copies not transferred. Except as set forth above, you may not assign or transfer your rights under this Agreement. Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. However, if you are a European Union (“EU”) resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to you from 3Com upon written request.
EXPORT RESTRICTIONS: The Software, including the Documentation and all related technical data (and any copies thereof) (collectively “Technical Data”), is subject to United States Export control laws and may be subject to export or import regulations in other countries. In addition, the Technical Data covered by this Agreement may contain data encryption code which is unlawful to export or transfer from the United States or country where you legally obtained it without an approved U.S. Department of Commerce export license and appropriate foreign export or import license, as required. You agree that you will not export or re-export the Technical Data (or any copies thereof) or any products utilizing the Technical Data in violation of any appli- cable laws or regulations of the United States or the country where you legally obtained it. You are responsible for obtaining any licenses to export, re-export or import the Technical Data. In addition to the above, the Product may not be used, exported or re-exported (i) into or to a national or resident of any country to which the U.S. has embargoed; or (ii) to any one on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals.
TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets of 3Com and its suppliers. You agree to hold such trade secrets in confidence. You further acknowl- edge and agree that ownership of, and title to, the Software and Documentation and all subsequent copies thereof regardless of the form or media are held by 3Com and its suppliers.
UNITED STATES GOVERNMENT LEGENDS: The Software, Documentation and any other technical data provided hereunder is commercial in nature and developed solely at private expense. The Software is delivered as “Commercial Computer Software” as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this Agreement, which is 3Com’s standard commercial license for the Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable.
TERM AND TERMINATION: The licenses granted hereunder are perpetual unless terminated earlier as specified below. You may terminate the licenses and this Agree- ment at any time by destroying the Software and Documentation together with all copies and merged portions in any form. The licenses and this Agreement will also terminate immediately if you fail to comply with any term or condition of this Agree- ment. Upon such termination you agree to destroy the Software and Documentation, together with all copies and merged portions in any form.
LIMITED WARRANTIES AND LIMITATION OF LIABILITY: All warranties and limita- tions of liability applicable to the Software are as stated in the Limited Warranty section of this installation guide. Such warranties and limitations of liability are incorporated herein in their entirety by this reference.
GOVERNING LAW: This Agreement 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.
SEVERABILITY: In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remain-
ing provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and agreement between you and 3Com and supersedes all prior agreements, whether written or oral, with respect to the Software and Documentation, and may be amended only in a writing signed by both parties.
Should you have any questions concerning this Agreement or if you desire to contact 3Com for any reason, please contact the 3Com subsidiary serving your country, or write:
3Com Corporation
5400 Bayfront Plaza, PO Box 58145
Santa Clara, CA 95052-8145 (408) 326-5000
Regulatory Information
Manufacturer’s Declaration of Conformity
FCC Declaration of Conformity
We declare under our sole responsibility that the
3Com USB Network Ethernet Adapter
to which this declaration relates, is in conformity with the following standards or other normative documents:
•ANSI C63.4-1992 Methods of Measurement
•Federal Communications Commission CFR 47 Part 15, subpart B 15.107 (e) Class B Conducted Limits
15.109 (g) Class B Radiated Emissions Limits
FCC Class B Statement
This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions:
(1)this device may not cause harmful electromagnetic interference, and
(2)this device must accept any interference received including interference that may cause undesired operations.
FCC Notice: Radio and Television Interference
Note: This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
•Reorient or relocate the receiving antenna.
•Increase the separation between the equipment and receiver.
•Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
Consult the dealer or an experienced radio/TV technician for help.
The user may find the following information prepared by the Federal Communications Commission helpful: The CIB Interference Handbook and The CIB Telephone Interfer- ence Bulletin.
These documents are available on the Internet through the FCC Compliance and Interference Bureau Home Page at http://www.fcc.gov/cib listed under documents. Select CIB Interference Handbook or CIB Telephone Interference Bulletin.
CAUTION: CHANGES OR MODIFICATIONS NOT EXPRESSLY APPROVED BY THE PARTY RESPONSIBLE FOR COMPLIANCE COULD VOID THE USER’S AUTHORITY TO OPERATE THIS EQUIPMENT.
UL and CSA Listing
This information technology equipment is UL and CSA listed for both the US and Canadian markets respectively.
Canadian Notice:
This digital apparatus does not exceed the Class B limits for radio noise emissions from digital apparatus set out in the interference-causing equipment standard entitled Digital Apparatus, ICES-003 of Industry Canada.
Cet appareil numérique respecte les limites de bruits radio-électriques applicables aux appereils numériques de la Classe B préscrites dans la norme sur le matériel brouilleur:Appareils Numériques, NMB-003 édictée par l’Industrie Canada.
3Com Corporation Limited Warranty
This warranty applies to customers located in the United States, Australia, Canada (except Quebec), Ireland, New Zealand, U.K., and other English language countries, and countries for which a translation into the local language is not required.
3Com USB Network Ethernet Adapter
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 the following length of time from the date of purchase from 3Com or its authorized reseller:
one (1) year.
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 responsibil- ity 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 applica- tions 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 SOFT- WARE, 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.
Obtaining Warranty Service
Customer must contact a 3Com Corporation Customer Service center within the applicable warranty period to obtain warranty service authorization. Dated proof of original purchase from 3Com or its authorized reseller will be required. 3Com is not responsible for Customer products or parts received without a warranty service authorization. In the United States, 3Com may ship a replacement product or part prior to receiving the original product or part (“advance exchange”). If advance exchange is not available, then the repaired product or part will be shipped as soon as reasonably possible, which will be no later than thirty (30) days after 3Com receives the original product or part. Repaired or replacement products will be shipped to Customer at 3Com’s expense. The repair and replacement process for products or parts in locations outside of the United States will vary depending on Customer’s location. Products or parts shipped by Customer to 3Com must be 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. See “Returning the Product to 3Com” in the “Support Resources” section. When an advance ex- change is provided and Customer fails to return the original product or part to 3Com within thirty (30) days from the date the warranty service authorization is issued, 3Com will charge Customer the then-current price of such product or part.
WARRANTIES EXCLUSIVE
IF A 3COM PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACE- MENT, 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 CONDI- TIONS, 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 QUAL- ITY, 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 EXAMI- NATION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE PROD- UCT DOES NOT EXIST OR WAS CAUSED BY CUSTOMER’S OR ANY THIRD PERSON’S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED AT- TEMPTS 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 (INCLUD- ING 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, MAINTE- NANCE, 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 RE- FUND 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 prod- ucts 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 PO Box 58145
Santa Clara, CA 95052-8145 (408) 326-5000
Support Resources
90-Day Free Installation Support
3Com provides free installation and troubleshooting support for ninety (90) days from the date of purchase. Telephone support is available in the United States and Canada Monday through Friday from 6:00am to 9:00pm (PST) and Saturday from 9:00am to 3:00pm (PST). Call the number for your country (regular telephone charges apply):
North America | Asia, Pacific Rim (APR) |
Canada: 847 262 3700 | Australia: 1 800 678 515 |
United States: 847 262 3700 | China: 10800 61 00137 |
Europe, Middle East and Africa | Hong Kong: 800 933 486 |
See http://www.3com.co.uk/support/emea.html | India: 61 2 9937 5085 |
for a listing of most updated EMEA numbers: | Indonesia: 001 800 61 009 |
Austria: 43179567125 | Japan: 03 5783 1270 |
Belgium (Flemish): 0 70 700 985 | Malaysia: 1800 801 777 |
Belgium (French): 0 70 700 789 | New Zealand: 0800 446 398 |
Denmark: 7010 7290 | Pakistan: 61 2 9937 5083 |
Finland: 01080-2784 | Philippines: 1235 61 266 2602 |
France: 0825 830 161 | Singapore: 800 6161 463 |
Germany: 01805 404 985 | South Korea: 00798 611 2230 |
Italy: 199 171 346 | Taiwan: 0080 611 261 |
Netherlands: 0900 202 2004 | Thailand: 001 800 611 2000 |
Norway: 815 33 048 | |
Portugal: 707 200 124 | |
Spain: 902 160 454 | |
Sweden: 077 152 8900 | |
Switzerland: 0848 807230 | |
UK: 0870 241 0594 | |
Online Support
3Com’s online support is available at no charge and provides software and firmware upgrades, a knowledgebase, and other technical information about 3Com products. Visit our online support home page at:
http://support.3com.com/
If you are a customer outside of the United States, click Countries in the upper-right corner of this Web site, and select your country or region from the drop-down menu.
Returning the Product to 3Com
Contact 3Com technical support first. If the support representative determines that you need to return the product, you will receive a user service order (USO) number. You must have a USO number before returning the product to us. Ship the unit, postage paid, in a strong box made of corrugated cardboard with plenty of packing material. DO NOT sent the product back in the original box. Send ONLY the adapter (NOT guide, diskette, etc.). Include your USO number, name, and address on the shipping label as well as inside the package. If possible, send the package via a courier capable of tracking the progress of the shipment. Ship to the following address:
3Com
USO#______
5400 Bayfront Plaza
Dock K, Building 4
Santa Clara, CA 95054
Customers outside of the U.S. and Canada should contact 3Com technical support for the shipping address.