US Robotics USR5462 User Manual page 75

sole discretion, repair or replace, using new or reconditioned 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 authorized
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 soft-
ware, the use of which is governed by separate end-user license agreements provided by third-party soft-
ware 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 INSTALLATION, AND/OR ENVIRON-
MENTAL 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 ver-
sions 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 Service Centres); damage caused by operator error
or non-compliance with instructions as set out in the user documentation or other accompanying documen-
tation; damage caused by acts of nature such as lightning, storms, floods, fires, and earthquakes, etc. Prod-
ucts 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 prod-
ucts; 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 CONDI-
TIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPON-
DENCE 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 LIA-
BILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, WARRANTY, OR USE OF ITS PROD-
UCTS.
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 NEGLI-
GENCE), 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 AUTHO-
RISED 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 liability 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
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