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Warranties exclusive 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,
OTHER HAZARDS, OR ACTS OF GOD.
Limitation of Liability 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.
Disclaimer 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