3Com 3C10122 - NBX Business Telephone Installation Manual page 251

(f) Termination. 3Com may terminate this Section 1 and the licenses granted hereby upon the breach by
you of any the provisions of this Section 1. Upon such termination, you agree to return the Product,
including the Software and all copies and portions thereof, to 3Com.
2 LIMITED WARRANTY
HARDWARE: 3Com warrants to the end user ("Customer") that this hardware product will be substantially
free from material defects in workmanship and materials, under normal use and service, for the length of
time stated in the Warranty sheet that is shipped in the box with your 3Com hardware product, from the
date of purchase from 3Com or its authorized reseller.
3Com's sole obligation under this express warranty shall be, at 3Com's option and expense, to repair the
defective product or part, deliver to Customer an equivalent product or part to replace the defective item, or
if neither of the two foregoing options is reasonably available, refund to Customer the purchase price paid
for the defective product. All products that are replaced will become the property of 3Com. Replacement
products or parts may be new or reconditioned. 3Com warrants any replaced or repaired product or part for
ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.
SOFTWARE: 3Com warrants to Customer that each software program licensed from it, except as noted
below, will, if operated as directed in the user documentation, substantially achieve the functionality
described in the user documentation for a period of ninety (90) days from the date of purchase from 3Com
or its authorized reseller. No updates or upgrades are provided under this warranty. 3Com's sole obligation
under this express warranty shall be, at 3Com's option and expense, to refund the purchase price for the
software product or replace the software product with software which meets the requirements of this
warranty as described above. Customer assumes responsibility for the selection of the appropriate programs
and associated reference materials.
3Com makes no warranty or representation that its software products will meet Customer's requirements or
work in combination with any hardware or software products provided by third parties, that the operation of
the software products will be uninterrupted or error free, or that all defects in the software products will be
corrected. For any third-party products listed in the 3Com software product documentation or specifications
as being compatible, 3Com will make reasonable efforts to provide compatibility, except where the
non-compatibility is caused by a "bug" or defect in the third party's product or from use of the software
product not in accordance with 3Com's published specifications or the user manual.
THIS 3COM PRODUCT MAY INCLUDE OR BE BUNDLED WITH THIRD-PARTY SOFTWARE. THE WARRANTY
PROVISIONS OF THIS DOCUMENT DO NOT APPLY TO SUCH THIRD-PARTY SOFTWARE. IF A SEPARATE END
USER LICENSE AGREEMENT HAS BEEN PROVIDED FOR SUCH THIRD-PARTY SOFTWARE, USE OF THAT
SOFTWARE WILL BE GOVERNED BY THAT AGREEMENT. FOR ANY APPLICABLE WARRANTY, PLEASE REFER
TO THE END USER LICENSE AGREEMENT GOVERNING THE USE OF THAT SOFTWARE.
OBTAINING WARRANTY SERVICE: Customer must contact a 3Com Corporate Service Center or an
Authorized 3Com Service Center within the applicable warranty period to obtain warranty service
authorization. Dated proof of purchase from 3Com or its authorized reseller may be required. A User Service
Order (USO), Return Material Authorization (RMA), or Service Repair Order (SRO) number will be issued. This
number must be marked on the outside of the package sent to 3Com's Corporate Service Center. The
product must be packaged appropriately for safe shipment and sent prepaid. It is recommended that
returned products be insured or sent by a method that provides for tracking of the package. Responsibility for
loss or damage does not transfer to 3Com until the returned item is received by 3Com. 3Com will retain risk
of loss or damage until the item is delivered to Customer. For non-US Customers, the word "prepaid" shall
be omitted where this requirement is not permitted by law. The allocation of responsibility for loss or damage
stated shall be subject to any mandatory legal requirements.
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.
WARRANTIES EXCLUSIVE, WARRANTY DISCLAIMER: 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, WITHOUT LIMITATION, WARRANTIES, TERMS OR CONDITIONS OF MERCHANT-
ABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH
DESCRIPTION, NON-INFRINGEMENT AND QUIET ENJOYMENT, 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 THIS PRODUCT.
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, POWER CUTS OR OUTAGES,
OTHER HAZARDS, OR ACTS OF GOD.
LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW, 3COM ALSO EXCLUDES for itself
and its licensors and 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