3Com Corporation LIMITED WARRANTY
HARDWARE | 3Com warrants its hardware products to be free from defects in workmanship and materials, under normal use and service, | |||
| for the following lengths of time from the date of purchase from 3Com or its Authorized Reseller: | |||
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| Network adapters | Lifetime | |
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| Other hardware products (unless specified above) | 1 year | |
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| Spare parts and spares kits | 90 days | |
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| If a product does not operate as warranted above during the applicable warranty period, 3Com shall, at its option and | |||
| expense, repair the defective product or part, deliver to Customer an equivalent product or part to replace the defective | |||
| item, or 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. Any replaced or repaired product or part has a | |||
| ninety (90) day warranty or the remainder of the initial warranty period, whichever is longer. | |||
| 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. | |||
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SOFTWARE | 3Com warrants that the software programs licensed from it will perform in substantial conformance to the program | |||
| specifications therefor 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 with respect to this express warranty shall be (at 3Com’s discretion) to refund the purchase price paid by Customer for any defective software products, or to replace any defective media with software which substantially conforms to 3Com’s applicable 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 work in combination with any hardware or applications software products provided by
STANDARD WARRANTY SERVICE
Standard warranty service for hardware products may be obtained by delivering the defective product, accompanied by a copy of the dated proof of purchase, to 3Com’s Corporate Service Center or to an Authorized 3Com Service Center during the applicable warranty period. Standard warranty service for software products may be obtained by telephoning 3Com’s Corporate Service Center or an Authorized 3Com Service Center, within the warranty period. Products returned to 3Com’s Corporate Service Center must be
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, AND SATISFACTORY QUALITY. 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 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 REPAIR OR MODIFY, OR ANY OTHER |
| CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OR OTHER HAZARD. |
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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. |
| 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 for personal injury, so the |
| above limitations and exclusions may be limited in their application to you. This warranty gives you specific legal rights |
| which may vary depending on local law. |
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GOVERNING LAW | This Limited Warranty shall be governed by the laws of the state of California. |
| 3Com Corporation, 5400 Bayfront Plaza, Santa Clara, CA |
9/1/96