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6 Exclusive Remedies and Limitations of Liability. THE ENTIRE LIABILITY OF 3Com AND ITS AFFILIATES,
DISTRIBUTORS, DEALERS AND SUPPLIERS (AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND
AFFILIATES OF ALL OF THEM) AND YOUR EXCLUSIVE REMEDIES FOR ANY DAMAGES SHALL BE (1) FOR
FAILURE OF PRODUCTS DURING THE WARRANTY PERIOD, THE REMEDIES STATED IN SECTION 2 HEREOF;
(2) FOR INFRINGEMENT, THE REMEDIES STATED IN SECTION 5 HEREOF; AND (3) FOR CLAIMS OTHER
THAN SET FORTH ABOVE,
3Com LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN
AMOUNT NOT TO EXCEED THE ORIGINAL DISCOUNTED PURCHASE PRICE OF THE PRODUCT.
3Com SHALL IN NO EVENT BE LIABLE FOR THE FOLLOWING TYPES OF DAMAGES: (1) INCIDENTAL
DAMAGES; (2) SPECIAL OR CONSEQUENTIAL DAMAGES; (3) LOST PROFITS, SAVINGS OR REVENUES OF
ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF DATA, MESSAGES, OR TELEPHONE CALLS; AND
(4) CHARGES FOR COMMON CARRIER TELECOMMUNICATIONS SERVICES OR FACILITIES ACCESSED
THROUGH OR CONNECTED TO PRODUCTS. TO THE EXTENT PERMITTED BY LAW, SUCH DAMAGES ARE
HEREBY EXCLUDED BOTH FOR PROPERTY DAMAGE, AND TO THE EXTENT NOT UNCONSCIONABLE, FOR
PERSONAL INJURY DAMAGE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION
UNDER WHICH SUCH DAMAGES ARE SOUGHT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7 Third-Party Products
. The decision to acquire hardware, software (in any form), supplies or service (other
than the Product accompanying this Agreement) from parties other than 3Com (“Third Party Products”) is
yours, even if 3Com helps you identify, evaluate or select them. EXCEPT AS SPECIFICALLY AGREED TO IN
WRITING, 3Com IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR, PERFORMANCE
OR QUALITY OF THIRD PARTY PRODUCTS OR THEIR SUPPLIERS; any claim that you have in connection
with the Third Party Products and any remedies for such claim will be against the supplier of such Third
Party Products.
8 Assignment
. You may not assign this Agreement (including the licenses granted hereby), either in whole
or in part, whether by operation of law or otherwise, without the prior written consent of 3Com. Any
attempt to assign your rights, duties or obligations under this Agreement without such consent shall be
null and void. Subject to the foregoing, the rights and liabilities of the parties under this Agreement will
bind and inure to the benefit of the parties’ respective successors and permitted assigns.
9 General
. You acknowledge that you have read this Agreement, understand it, and that by using the
Product you agree to be bound by the terms and conditions of this Agreement. You assume full
responsibility for the use of the Software and agree to use the Software legally and responsibly. This
Agreement shall be governed by the substantive laws of the State of California, without regard to conflicts
of law principles, except as to copyright matters, which are governed, by federal law. This Agreement is
deemed entered into, by both parties, in Santa Clara, California. In the event that any provision of this
Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such
provision shall be enforced to the maximum extent permissible and the remaining provisions of this
Agreement shall remain in full force and effect. All rights in the Software not specifically granted in this
Agreement are reserved by 3Com, and, except for the express licenses granted herein, no other licenses
are granted by 3Com by implication, estoppel or otherwise. You agree not to export the Product, without
the express written consent of 3Com.
Should you have any questions concerning this Agreement, you may contact 3Com at the address set
forth below.
3Com Corporation
5400 Bayfront Plaza
P.O. Box 58145
Santa Clara, California, USA
95052-8145
North America:
Tel: 800-NET-3Com
Outside North America:
www.3com.com