
17
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replace the defective item, or if neither of the two foregoing options is reasonably available, U.S.
Robotics may, in its sole discretion, refund to Customer the purchase price paid for the defective
product. All products that are replaced will become the property of U.S. Robotics. Replacement
products may be new or reconditioned. U.S. Robotics 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: U.S. Robotics warrants to Customer that each software program licensed from it will
perform in substantial conformance to its program specifications, for a period of ninety (90) days from
the date of purchase from U.S. Robotics or its authorized reseller. U.S. Robotics warrants the media
containing software against failure during the warranty period. No updates are provided.
U.S. Robotics’s sole obligation under this express warranty shall be, at U.S. Robotics’s option and
expense, to refund the purchase price paid by Customer for any defective software product, or to
replace any defective media with software which substantially conforms to applicord U.S. Robotics
published specifications. Customer assumes responsibility for the selection of the appropriate
applications program and associated reference materials. U.S. Robotics makes no warranty or
representation that its software products will meet Customer’s requirements or work in combination
with any hardware or applications 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 U.S. Robotics software product documentation or
specifications as being compatible, U.S. Robotics 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 U.S. Robotics published specifications or user
manual.
THIS U.S. ROBOTICS PRODUCT MAY INCLUDE OR BE BUNDLED WITH THIRD-PARTY SOFTWARE, THE USE
OF WHICH IS GOVERNED BY A SEPARATE END USER LICENSE AGREEMENT. THIS U.S. ROBOTICS
WARRANTY DOES NOT APPLY TO SUCH THIRD-PARTY SOFTWARE. FOR THE APPLICABLE WARRANTY,
PLEASE REFER TO THE END USER LICENSE AGREEMENT GOVERNING THE USE OF SUCH SOFTWARE.
OBTAINING WARRANTY SERVICE: Customer must contact a U.S. Robotics Corporate Service Center or
an Authorized U.S. Robotics Service Center within the applicable warranty period to obtain warranty
service authorization. Dated proof of purchase from U.S. Robotics or its authorized reseller may be
required. Products returned to U.S. Robotics Corporate Service Center must be pre-authorized by
U.S. Robotics with a Return Material Authorization (RMA) number or User Service Order (USO) number
marked on the outside of the package, and sent prepaid and packaged appropriately for safe shipment,
and it is recommended that they be insured or sent by a method that provides for tracking of the
package. Responsibility for loss or damage does not transfer to U.S. Robotics until the returned item is
received by U.S. Robotics. The repaired or replaced item will be shipped to Customer, at U.S. Robotics’s
expense, not later than thirty (30) days after U.S. Robotics receives the defective product.
U.S. Robotics 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 U.S. Robotics for repair,
whether under warranty or not.
WARRANTIES EXCLUSIVE: IF A U.S. ROBOTICS 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 U.S. ROBOTICS’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. U.S. ROBOTICS 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.
U.S. ROBOTICS 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, U.S. ROBOTICS ALSO EXCLUDES FOR
3056 Book English.book Page 17 Friday, May 2, 2003 11:19 AM