| 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 |
| materials or workmanship within the first |
| after the date of purchase, and this is verified by 3Com, it will be considered dead- or |
| (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 |
| |
| 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 |
| 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 |