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Limited warranty
HARDWARE: Palm Computing, Inc., a subsidiary of 3Com Corporation (collectively “3Com”), warrants to the original end user (“Customer”)
that this product will be free from defects in workmanship and materials, under normal use, for one year from the date of original purchase from
3Com or its authorized reseller. 3Com’s sole obligation under this express warranty shall be, at 3Com’s option and expense, to replace the product
or part with a comparable product or part, repair the product or part, or if neither repair nor replacement is reasonably available, 3Com may, in its
sole discretion, refund to Customer the purchase price paid for the product or part. Replacement products or parts may be new or reconditioned.
3Com warrants any replaced or repaired product or part, and any hardware upgrade to which Customer is entitled under an agreement between
Customer and 3Com, for a period of ninety (90) days from shipment, or through the end of the original warranty, whichever is longer. All products
or parts that are replaced become the property of 3Com.
Accessory products, as listed in the applicable 3Com catalogue, are not covered under this Limited Warranty except for the modem for the
connected organizer, the cradles, cables, memory upgrades, and leather items sold under the 3Com
®
brand. 3Com shall not be responsible for
Customer’s software, firmware, information, or memory data contained in, stored on, or integrated with any products returned to 3Com for repair,
whether under warranty or not.
SOFTWARE: 3Com warrants to Customer that the Palm™ Desktop organizer software and Palm OS™ software licensed from it will perform in
substantial conformance to their program specifications, for a period of ninety (90) days from the date of original purchase from 3Com or its
authorized reseller. 3Com warrants the media containing software against failure during the warranty period. No updates are provided. 3Com does
not provide any warranty for Adobe
®
Acrobat
®
Reader or any other third-party applications software that is licensed to Customer by the third party.
3Com’s sole obligation with respect to this express warranty shall be (at 3Com’s discretion) 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 applicable 3Com published
specifications. 3Com makes no warranty or representation that its software products will meet Customer’s requirements or will 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.
YEAR 2000 WARRANTY: In addition to the Hardware Warranty and Software Warranty stated above, 3Com warrants that the following date-
data sensitive Palm Computing
®
products, namely the Pilot 1000, Pilot 5000, PalmPilot™ Personal Edition, PalmPilot Professional Edition, Palm
III™, Palm IIIx™, Palm V™, and Palm VII™ connected organizers, as well as all other 3Com products based on the Palm Computing platform
software as of July 1, 1998 and later, including the companion desktop software for Microsoft
®
Windows
®
and MAC OS™ platforms, will continue
performing properly with regard to such date-data on and after January 1, 2000, provided that all other products used by Customer in connection
or combination with the Palm Computing product, including hardware, software, and firmware, accurately exchange date-data with the Palm
Computing product. 3Com makes no certification regarding the Year 2000 status of any other Palm Computing products.
Any Palm Computing platform application supplied by 3Com that makes correct use of Palm Computing platform date and time functions will not
have a problem transitioning to the year 2000. The date and time utilities for the Palm Computing platform use 32 bits to store seconds, starting at
January 1, 1904. This approach allows the correct representation of dates through February 5, 2040. The Date Book software currently displays
dates through December 31, 2031. Provided the product is still being sold by 3Com, 3Com will make software enhancements to remove these
limitations well in advance of these dates.
If it appears that any Palm Computing product does not perform properly with regard to such date-data on and after January 1, 2000, and
Customer notifies Palm Computing before the later of April 1, 2000, or ninety (90) days after original purchase of the product from 3Com or its
authorized reseller, 3Com shall, at its option and expense, provide a software update which would effect the proper performance of the product,
repair the product, deliver to Customer an equivalent product to replace the product, or, if none of the foregoing is feasible, refund to Customer the
purchase price paid for the product.
Any software update or replaced or repaired Palm Computing product will carry a Year 2000 Limited Warranty for ninety (90) days after purchase
or until April 1, 2000, whichever is later.
Customers using date and time utilities other than those supplied by Palm Computing should check with the developer to determine if the
software will correctly handle all of the subtle issues of date and time conversion.
OBTAINING WARRANTY SERVICE: Customer must contact a Palm Computing, Inc. or 3Com Technical Support or Customer Service center
within the applicable warranty period to obtain warranty service authorization. Dated proof of original purchase from 3Com or its authorized
reseller will be required. 3Com is not responsible for Customer products or parts received without a warranty service authorization. In the United
States, 3Com may ship a replacement product or part prior to receiving the original product or part (“advance exchange”). If advance exchange is
not available, then the repaired product or part will be shipped as soon as reasonably possible, which will be no later than thirty (30) days after
3Com receives the original product or part. Repaired or replacement products will be shipped to Customer at 3Com’s expense. The repair and
replacement process for products or parts in locations outside of the United States will vary depending on Customer’s location.
Products or parts shipped by Customer to 3Com must be 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. When an advance exchange is provided and Customer fails to return
the original product or part to 3Com within thirty (30) days from the date the warranty service authorization is issued, 3Com will charge Customer
the then-current published catalogue price of such product or part.
WARRANTIES EXCLUSIVE:
IF THIS PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY FOR BREACH OF THAT
WARRANTY SHALL BE REPLACEMENT OR REPAIR OF THE PRODUCT OR PART 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. THIS WARRANTY DOES NOT COVER PHYSICAL DAMAGE TO THE
SURFACE OF THE PRODUCT, INCLUDING CRACKS OR SCRATCHES ON THE LCD TOUCHSCREEN OR OUTSIDE CASING. THIS WARRANTY DOES NOT
APPLY WHEN THE MALFUNCTION RESULTS FROM THE USE OF THIS PRODUCT IN CONJUNCTION WITH ACCESSORIES, OTHER PRODUCTS, OR
ANCILLARY OR PERIPHERAL EQUIPMENT AND 3COM DETERMINES THAT THERE IS NO FAULT WITH THE PRODUCT ITSELF. THIS WARRANTY DOES
NOT APPLY TO ANY MALFUNCTION OR FAILURE OF THE PRODUCT OR PART DUE TO ANY COMMUNICATION SERVICE CUSTOMER MAY SUBSCRIBE
TO OR USE WITH THE PRODUCT.
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