US Robotics USR4204 User Manual page 48

Console server & power switch
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USR4204 User Guide
4.7 Once a CUSTOMER return has been unpacked, visually inspected, and tested U.S. ROBOTICS will, at its sole
discretion, repair or replace the product, using new or reconditioned product or parts, to whatever extent it deems
necessary to restore the product or part to operating condition.
4.8 U.S. ROBOTICS will make reasonable efforts to ship the 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.
4.9 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 software,
the use of which is governed by separate end-user license agreements provided by third-party software 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 UNAUTHORIZED PRODUCTS: To the extent permitted by applicable law, this U.S. ROBOTICS Limited Warranty
does not apply to distressed, "grey market" or liquidated inventory and all such products are sold "as is" without
any warranty. Further, this U.S. ROBOTICS Limited Warranty does not apply and U.S. ROBOTICS assumes no
responsibility or liability for counterfeit products or for products sold by auction or by parties who are not
specifically authorized by U.S. ROBOTICS.
5.3 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); 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; 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); electrical transients or disturbances in the line power (mains)
connected to the device or in a telephone network connected to the device, including any transient phenomenon
due to the cross connected nature of a device between these two networks, 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).
5.4 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 AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION
WITH THE SALE, INSTALLATION, MAINTENANCE, WARRANTY, OR USE OF ITS PRODUCTS.
5.5 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 AUTHORIZED RESELLER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT,
Page 48 of 52

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