3Com CoreBuilder 9000 User Manual page 468

A S
DDITIONAL ERVICES
W E
ARRANTIES XCLUSIVE
L L
IMITATION OF IABILITY
D
ISCLAIMER
G L
OVERNING AW
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 original 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.
3Com's Web and Bulletin Board Service are available at no charge, and provide software and firmware
upgrades, a bug list, and technical information about 3Com products.
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,
SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF
WHICH ARE EXPRESSLY DISCLAIMED. 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 OR MALFUNCTION 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 OPEN, REPAIR OR MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND
THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OTHER HAZARDS, OR ACTS OF
GOD.
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, USE, PERFORMANCE, FAILURE, OR
INTERRUPTION OF ITS PRODUCTS, EVEN IF 3COM OR ITS AUTHORIZED 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 3COM'S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE
AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
Some countries, states, 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 liability for personal injury, so the above limitations and exclusions may be limited in their
application to you. When the implied warranties are not allowed to be excluded in their entirety, they will be
limited to the duration of the applicable written warranty. This warranty gives you specific legal rights which
may vary depending on local law.
This Limited Warranty shall be governed by the laws of the State of California, U.S.A. excluding its conflicts of
laws principles and excluding the United Nations Convention on Contracts for the International Sale of
Goods.
3Com Corporation
5400 Bayfront Plaza
Santa Clara, CA 95054
(408) 326-5000