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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 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 voltages, and power points); failures
caused by products not supplied by U.S. ROBOTICS; damage cause by moisture,
corrosive 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 telecommunication 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,
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 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 DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT
BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL
PURPOSE.
file:///G|/CSO/Documentation/Documentation%20-%20Dr...54%20Mach-1%20AP/User%20Guide/English/warranty.html (6 of 7)10/26/2006 9:47:18 AM
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