Limited Warranty - Palm VII Handbook

12.8 Arbitration. All disputes, claims, and controversies between the parties aris-
ing out of or related to this Agreement or the breach thereof (except for non-payment or
late payment; and breach of any obligation of confidentiality or infringement of any in-
tellectual property right for which an injunction may be sought) shall be settled by ar-
bitration. The arbitration shall be conducted by one arbitrator under the then current
Commercial Arbitration Rules of the American Arbitration Association. The power of
the arbitrator shall be limited to that possessed by a Superior Court Judge in California.
The arbitrator is prohibited from awarding damages or remedies in excess of those al-
lowed by the provisions of this Agreement. The decision and award of the arbitrator
shall be final and binding and judgment on the award so rendered may be entered in
any court having jurisdiction thereof. The arbitration shall be held in Santa Clara Coun-
ty, California, or a mutually convenient location, and the award shall be deemed to be
made in California.
12.9 Survival. Sections 4 ("Charges and Billing Practices"), 5.3 ("Additional Charg-
es"), 8 ("Disclaimer of Service Warranties"), 9 ("Limitation Of Liability For The Ser-
vice"), 11.4 ("Indemnification"), and 12 ("General") shall survive the expiration or
termination of this Agreement.

Limited warranty

HARDWARE: Palm Computing, Inc., a subsidiary of 3Com Corporation (collectively
"3Com"), warrants to the original end user ("Customer") that this product will be free
from defects in workmanship and materials, under normal use, for one year from the
date of original purchase from 3Com or its authorized reseller. 3Com's sole obligation
under this express warranty shall be, at 3Com's option and expense, to replace the prod-
uct or part with a comparable product or part, repair the product or part, or if neither
repair nor replacement is reasonably available, 3Com may, in its sole discretion, refund
to Customer the purchase price paid for the product or part. Replacement products or
parts may be new or reconditioned. 3Com warrants any replaced or repaired product
or part, and any hardware upgrade to which Customer is entitled under an agreement
between Customer and 3Com, for a period of ninety (90) days from shipment, or
through the end of the original warranty, whichever is longer. All products or parts that
are replaced become the property of 3Com.
Accessory products, as listed in the applicable 3Com catalogue, are not covered under
this Limited Warranty except for the modem for the connected organizer, the cradles,
cables, memory upgrades, and leather items sold under the 3Com
not be responsible for Customer's software, firmware, information, or memory data
contained in, stored on, or integrated with any products returned to 3Com for repair,
whether under warranty or not.
SOFTWARE: 3Com warrants to Customer that the Palm™ Desktop organizer software
and Palm OS™ software licensed from it will perform in substantial conformance to
their program specifications, for a period of ninety (90) days from the date of original
purchase from 3Com or its authorized reseller. 3Com warrants the media containing
software against failure during the warranty period. No updates are provided. 3Com
does not provide any warranty for Adobe
applications software that is licensed to Customer by the third party. 3Com's sole obli-
gation with respect to this express warranty shall be (at 3Com's discretion) to refund the
® ®
Acrobat Reader or any other third-party
®
brand. 3Com shall
Page 273