25
product or parts, to whatever extent it deems necessary to restore the product or part
to operating condition.
4.7 U.S. ROBOTICS will make reasonable effort to ship repaired or replaced product or
part to CUSTOMER, at U.S. ROBOTICS expense, not later than TWENTY ONE (21) DAYS
after U.S. ROBOTICS receives the authorised CUSTOMER return at an authorised U.S.
ROBOTICS Return Centre.
4.8 U.S. ROBOTICS shall not be liable for any damages caused by delay in delivering or
furnishing repaired or replaced product or part.
5.0 LIMITATIONS:5.1 THIRD-PARTY SOFTWARE: This U.S. ROBOTICS product may include or be bundled
with third-party software, the use of which is governed by separate end-user license
agreements provided by third-party software vendors. This U.S. ROBOTICS Limited
Warranty does not apply to such third-party software. For the applicable warranty refer
to the end-user license agreement governing the use of such software.
5.2 DAMAGE DUE TO MISUSE, NEGLECT, NON-COMPLIANCE, IMPROPER INSTALLA-
TION, AND/OR ENVIRONMENTAL FACTORS: To the extent permitted by applicable law,
this U.S. ROBOTICS Limited Warranty does not apply to normal wear and tear; damage
or loss of data due to interoperability with current and/or future versions of operating
system or other current and/or future software and hardware; alterations (by persons
other than U.S. ROBOTICS or authorised U.S. ROBOTICS Service Centres); damage
caused by operator error or non-compliance with instructions as set out in the user
documentation or other accompanying documentation; damage caused by acts of
nature such as lightning, storms, floods, fires, and earthquakes, etc. Products evidenc-
ing the product serial number has been tampered with or removed; misuse, neglect,
and improper handling; damage caused by undue physical, temperature, or electrical
stress; counterfeit products; damage or loss of data caused by a computer virus,
worm, Trojan horse, or memory content corruption; failures of the product which result
from accident, abuse, misuse (including but not limited to improper installation, con-
nection to incorrect voltages, and power points); failures caused by products not sup-
plied by U.S. ROBOTICS; damage cause by moisture, corrosive environments, high
voltage surges, shipping, abnormal working conditions; or the use of the product out-
side the borders of the country or territory intended for use (As indicated by the Prod-
uct Model Number and any local telecommunication approval stickers affixed to the
product).
5.3 TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND R EM-
EDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CON-
DITIONS, 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. U.S. ROBOTICS NEITHER ASSU MES NOR AUTHORISE S
ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CON NECTION WITH
THE SALE, INSTALLATION, MAINTENANCE, WARRANTY, OR USE OF ITS PRODUCTS.
5.4 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, U.S. ROBOTICS
ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIAB ILITY, WHETHER BASED IN
CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY K IND, OR FOR LOSS OF REVENUE
OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINAN-