3Com ENTERPRISE OS 11.3 3Com Corporation LIMITED WARRANTY, Hardware, Software, YEAR 2000 WARRANTY

Models: ENTERPRISE OS 11.3

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3Com Corporation LIMITED WARRANTY

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:

 

 

 

 

 

Network Interface Cards

Lifetime

 

 

 

 

 

Other hardware products

1 year*

 

*unless otherwise specified above

 

 

 

 

 

 

 

Spare parts and spares kits

90 days

 

 

 

 

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.

 

 

 

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 non-compatibility is caused by a

 

“bug” or defect in the third party's product.

 

 

 

 

 

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 pre-authorized by 3Com with a Return Material Authorization (RMA) number marked on the outside of the package, and sent prepaid and packaged appropriately for safe shipment, and it is recommended that they be insured. The repaired or replaced item will be shipped to Customer, at 3Com’s expense, not later than thirty (30) days after receipt of the defective product by 3Com.

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 defective 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.

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.

 

 

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,

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3Com ENTERPRISE OS 11.3 3Com Corporation LIMITED WARRANTY, Hardware, Software, YEAR 2000 WARRANTY, Warranties Exclusive