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.

 

Telephone Support, with coverage for basic troubleshooting only, will be provided for the lifetime of the

 

product, on a commercially reasonable efforts basis. Telephone support from 3Com is available from 3Com

 

only if Customer purchased this product directly from 3Com, or if Customer’s reseller is unable to provide

 

telephone support. Please refer to the Technical Support appendix in the user guide for telephone numbers.

 

 

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, 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

 

Santa Clara, CA 95052-8145

 

(408) 326-5000

 

7/16/98

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