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 Interface Cards | Lifetime | |
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| Other hardware products | 1 year* | |
| *unless otherwise specified above |
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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. | ||
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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 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 | ||
| “bug” or defect in the third party's product. |
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YEAR 2000 WARRANTY | In addition to the Hardware Products Warranty and Software Products Warranty identified above, 3Com warrants that all | ||
| Heritage 3Com products sold or licensed to Customer on and after January 1, 1998 that are date sensitive will continue |
performing properly with regard to such date data on and after January 1, 2000, provided that all other products used by Customer in connection or combination with the 3Com products, including hardware, software, and firmware, accurately exchange date data with the 3Com products, with the exception of those products identified at 3Com’s Web site, http://www.3com.com/products/yr2000.html, as not meeting this standard. A product is considered a “Heritage 3Com product” if it is a member of a product family which was manufactured by 3Com prior to its merger with US Robotics Corporation. This Year 2000 limited warranty does not apply to Heritage US Robotics Corporation products. If it appears that any such product does not perform properly with regard to such date data on and after January 1, 2000, and Customer notifies 3Com before the later of April 1, 2000, or ninety (90) days after purchase of the product from 3Com or its authorized reseller, 3Com shall, at its option and expense, provide a software update which would effect the proper performance of such product, repair such product, deliver to Customer an equivalent product to replace such product, or if none of the foregoing is feasible, refund to Customer the purchase price paid for such product.
Any software update or replaced or repaired product will carry a Year 2000 Warranty for ninety (90) days or until April 1, 2000, whichever is later.
OBTAINING WARRANTY SERVICE
Customer must contact 3Com’s Corporate Service Center or an Authorized 3Com Service Center within the applicable warranty period to obtain warranty service authorization. Dated proof of purchase may be required. Products returned to 3Com’s Corporate Service Center must be
Dead- or
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.
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, |