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.

 

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. The shipment of advance replacement products is subject to local

 

legal requirements and may not be available in all locations. 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.

 

Advance Replacement is provided for ninety (90) days, after which time it may be available for a specified fee.

 

3Com will make commercially reasonable efforts to ship the replacement product not later than five (5)

 

business days after receiving the request for advance replacement, but may be delayed due to product avail-

 

ability or export or import procedures. The shipment of advance replacement products is subject to local legal

 

requirements and may not be available in all locations. When an advance replacement is provided and Custo-

 

mer fails to return the original product to 3Com within fifteen (15) days after shipment of the replacement,

 

3Com will charge Customer for the replacement, at list price. This advance replacement is different from the

 

fee-based Advance Hardware Replacement Service, which is available as a contracted service offering.

 

INCLUDED SERVICES:

 

Telephone Support, with coverage for basic troubleshooting only, will be provided for ninety (90) days from

 

the date of purchase, on a commercially reasonable efforts basis. Please refer to the Technical Support

 

appendix in the Getting Started Guide for telephone numbers.

 

3Com’s Web and Bulletin Board Services provide 3Knowledgebase, bug tracking, documentation, release

 

notes, and some software maintenance releases at no charge.

 

 

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, 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 (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

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3Com 3CB9EF manual Warranties Exclusive, Limitation of Liability, Disclaimer