3Com CoreBuilder 9000 Manuel - Page 4

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ARRANTIES

XCLUSIVE

IMITATION OF

IABILITY

ISCLAIMER

OVERNING

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.

The shipment of advance replacement products is subject to local legal requirements and may not be available in all

locations. 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.

Advance Replacement is provided for ninety (90) days, after which time it may be available for a specified fee. 3Com

will make commercially reasonable efforts to ship the replacement product not later than five (5) business days after

receiving the request for advance replacement, but may be delayed due to product avail- ability or export or import

procedures. The shipment of advance replacement products is subject to local legal requirements and may not be

available in all locations. When an advance replacement is provided and Custo- mer fails to return the original

product to 3Com within fifteen (15) days after shipment of the replacement, 3Com will charge Customer for the

replacement, at list price. This advance replacement is different from the fee-based Advance Hardware Replacement

Service, which is available as a contracted service offering.

INCLUDED SERVICES:

Telephone Support, with coverage for basic troubleshooting only, will be provided for ninety (90) days from the date

of purchase, on a commercially reasonable efforts basis. Please refer to the Technical Support appendix in the Getting

Started Guide for telephone numbers.

3Com's Web and Bulletin Board Services provide 3Knowledgebase, bug tracking, documentation, release notes, and

some software maintenance releases at no charge.

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, POWER CUTS OR OUTAGES, 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, P.O. Box 58145, Santa Clara, CA 95052-8145 (408) 326-5000