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any third party without the express written consent of 3Com. You further agree to take all reasonable
precautions to preclude access of unauthorized persons to the Software.
(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
. If the Product does not operate in accordance with 3Com’s standard specifications or
Documentation during the Warranty Period, you must promptly notify the authorized 3Com dealer from
whom you purchased the Product. You must provide your authorized 3Com dealer with proof of purchase
price and dated invoice. During the Warranty Period, upon being contacted, your authorized 3Com dealer
(or another authorized 3Com dealer designated by 3Com) will, at its option, either repair or replace the
Product, provided it is delivered at your expense to an authorized 3Com service facility designated by
3Com or your authorized 3Com dealer. Your authorized 3Com dealer (or another authorized 3Com
dealer designated by 3Com) will provide you with a replacement Product if either the NCP (Network Call
Processor) Card fails and/or if 25% of the system (lines and/or stations) becomes inoperable at any time
during the Warranty Period. You have the right, as your exclusive remedy, to return the Product to your
authorized 3Com dealer (or another authorized 3Com dealer designated by 3Com) for a refund of the
purchase price from such authorized 3Com dealer if such authorized 3Com dealer is unable to repair or
replace the Product pursuant to the terms of this warranty. You shall bear all shipping, packing, and
insurance costs and all other costs, excluding labor and parts, necessary to effectuate repair, replacement
or refund under this warranty.
The “Warranty Period” shall commence on the date that the Product was purchased by the authorized
3Com dealer from whom you purchased the Product and shall expire on the second anniversary thereof.
At the time of purchase, your authorized 3Com dealer will notify you in writing of the commencement
date and the expiration date of the Warranty Period.
Purchased or replacement parts and products may be new, remanufactured or refurbished. Any removed
parts and/or Products shall become the property of 3Com.
Coverage under this warranty program shall require the authorized 3Com dealer to contact the 3Com
Customer Service Department to generate a Return Merchandise Authorization (RMA) Number for any
Product(s) the 3Com Service Representative deems defective.
3 Warranty Exclusions
. EXCEPT AS STATED IN SECTION 2 HEREOF, 3Com AND ITS AFFILIATES,
DISTRIBUTORS, DEALERS AND SUPPLIERS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND TO THE
EXTENT PERMITTED BY APPLICABLE LAW, 3Com DISCLAIMS ALL OTHER WARRANTIES WHETHER
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED
UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 (NINETY)
DAYS AFTER DELIVERY OF THE PRODUCT TO YOU. SOME STATES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE.
THE WARRANTY SET FORTH IN SECTION 2 HEREOF, DOES NOT EXTEND TO ANY PRODUCT, WHICH HAS
BEEN DAMAGED AS A RESULT OF (1) ACCIDENT, MISUSE OR ABUSE; (2) YOUR FAILURE TO FOLLOW
3Com’S INSTALLATION, OPERATION OR MAINTENANCE INSTRUCTIONS; OR (3) UNAUTHORIZED SERVICE
OR PARTS.
4 Post-Warranty Service
. 3Com highly recommends purchasing an extended warranty for all 3Com Products
to significantly reduce unexpected repair costs after the Warranty Period. You can purchase a
post-warranty service contract from your authorized 3Com dealer. Please contact your authorized 3Com
dealer for post-warranty service on all 3Com Products.
5 Infringement
. 3Com shall defend you, at 3Com’s expense, from and against any claim brought by a third
party alleging that the Product infringes any: (i) United States patent issued on or before the
commencement date of the Warranty Period; (ii) United States trademark issued on or before the
commencement date of the Warranty Period; (iii) copyright, or (iv) trade secret, and shall indemnify you
against all damages and costs assessed against you that are payable as part of a final judgment or
settlement. The indemnification obligation of this Section 5 shall not apply to any claim arising out of (i)
the combination of the Product with other products not claimed to be owned or developed by or on
behalf of 3Com; (ii) the modification of the Product, or any part thereof, unless such modification was
made by or on behalf of 3Com; (iii) any software or other technology not claimed to be owned by 3Com;
or (iv) any infringement caused by your action.
If you seek indemnification pursuant to this Section 5 from or against the assertion of any claim by a third
person (a “Third Person Assertion”), you shall give prompt notice to 3Com. Within twenty (20) business
days of receipt of notice from you pursuant to this Section 5, 3Com shall have the right exercisable by
written notice to you, to assume the defense of a Third Person Assertion. If 3Com assumes such defense,
3Com may select counsel. If 3Com controls the defense of a Third Person Assertion, 3Com shall have the
right to consent to the entry of judgment with respect to, or otherwise settle, such Third Person Assertion
with your prior written consent, which consent shall not be unreasonably withheld. You shall reasonably
cooperate in the defense of any Third Person Assertion.