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R24.0451.00 5430 English Install.fm Page 16 Wednesday, February 4, 2004 5:20 PM
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 INSTALLATION, 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 authorized U.S. ROBOTICS Ser-
vice 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 evidencing 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, connection to incorrect volt-
ages, and power points); failures caused by products not supplied by U.S. ROBOTICS; damage cause by moisture, corro-
sive environments, high voltage surges, shipping, abnormal working conditions; or the use of the product outside the
borders of the country or territory intended for use (As indicated by the Product Model Number and any local telecommuni-
cation approval stickers affixed to the product).
5.3
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. U.S. ROBOTICS NEITHER ASSUMES NOR AUTHORISES ANY OTHER PERSON TO
ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION 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 LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSE-
QUENTIAL, 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 U.S.
ROBOTICS OR ITS AUTHORISED 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 U.S. ROBOTICS OPTION. THIS DIS-
CLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS
ESSENTIAL PURPOSE.
6.0
DISCLAIMER: Some countries, states, territories or provinces do not allow the exclusion or limitation of implied warranties
or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of lia-
bility for personal injury, so the above limitations and exclusions may be limited in their application to CUSTOMER. When
the implied warranties are not allowed by law to be excluded in their entirety, they will be limited to the TWO (2) YEAR dura-
tion of this written warranty. This warranty gives CUSTOMER specific legal rights, which may vary depending on local law.
7.0
GOVERNING LAW: This Limited Warranty shall be governed by the laws of the State of Illinois, U.S.A. excluding its conflicts
of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.
U.S. Robotics Corporation
935 National Parkway
Schaumburg, IL 60173
U.S.A
16
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