56
limited warranty
THE SOFTWARE AND DOCUMENTATION
UNUSED TO THE SUPPLIER WHERE YOU
OBTAINED IT.
License
3Com grants you a nonexclusive, nontransferable (except as specified herein) license to
use the accompanying software program(s) in
executable form (the “Software”) and accompanying documentation (the
“Documentation”), subject to the terms and
restrictions set forth in this Agreement. You
are not permitted to lease, rent, distribute or
sublicense (except as specified herein) the
Software or Documentation or to use the
Software or Documentation in a time-sharing
arrangement or in any other unauthorized
manner. Further, no license is granted to you
in the human readable code of the Software
(source code). Except as provided below, this
Agreement does not grant you any rights to
patents, copyrights, trade secrets,
trademarks, or any other rights with respect
to the Software or Documentation.
Subject to the restrictions set forth herein, the
Software is licensed to be used on any Ergo
Internet Appliance Device products, provided
that the Software is used only in connection
with Ergo products. With respect to the
Device Software, you may use such Software
only on one (1) Ergo Internet Appliance
Device product. Otherwise, the Software and
Documentation may be copied only as essential for backup or archive purposes in support
of your use of the Software as permitted hereunder. You must reproduce and include all
copyright notices and any other proprietary
rights notices appearing on the Software on
any copies that you make. You agree not to
remove or deface any portion of any legend
provided on any licensed program or documentation delivered to you under this
Agreement. Notwithstanding any other provision of this License Agreement, this License
Agreement shall not be deemed to apply to
any other applications software licensed to
you by third parties that is included on the
same media as Ergo’s Software (“Other
Software”) if the Other Software provides that
the use of the
Other Software is subject to the terms
and conditions of the third party’s
license agreement.
Assignment; No Reverse Engineering
You may transfer the Software,
Documentation and the licenses granted
herein to another party in the same country
in which you obtained the Software and
Documentation if the other party agrees
in writing to accept and be bound by the
terms and conditions of this Agreement. If
you transfer the Software and Documentation,
you must at the same time either transfer all
copies of the Software and Documentation to
the party or you must destroy any copies not
transferred. Except as set forth above, you
may not assign or transfer your rights under
this Agreement.
Modification, reverse engineering, reverse
compiling, or disassembly of the Software is
expressly prohibited. However, if you are a
European Union (“EU”) resident, information
necessary to achieve interoperability of the
Software with other programs within the
meaning of the EU Directive on the Legal
Protection of Computer Programs is available
to you from 3Com upon written request.
Export Restrictions
The Software, including the Documentation
and all related technical data (and any copies
thereof) (collectively “Technical Data”), is
subject to United States Export control laws
and may be subject to export or import
regulations in other countries. In addition,
the Technical Data covered by this Agreement
may contain data encryption code which is
unlawful to export or transfer from the United
States or country where you legally obtained
it without an approved U.S. Department of
Commerce export license and appropriate foreign export or import license, as required.
You agree that you will not export or re-export
the Technical Data (or any copies thereof) or
any products utilizing the Technical Data in
violation of any applicable laws or regulations
of the United States or the country where you
legally obtained it. You are responsible for
obtaining any licenses to export, re-export or
import the Technical Data. In addition to the
above, the Product may not be used, exported or re-exported (i) into or to a national or
resident of any country to which the U.S. has
embargoed; or (ii) to any one
on the U.S. Commerce Department’s Table
of Denial Orders or the U.S. Treasury
Department’s list of Specially
Designated Nationals.
Trade Secrets; Title
You acknowledge and agree that the structure, sequence and organization of the
Software are the valuable trade secrets of
3Com and its suppliers. You agree to hold
such trade secrets in confidence. You further
acknowledge and agree that ownership of,
and title to, the Software and Documentation
and all subsequent copies thereof regardless
of the form or media are held by 3Com and
its suppliers. 3Com suppliers shall be third
party beneficiaries of this agreement.
United States Government Legends
The Software, Documentation and any other
technical data provided hereunder is commercial in nature and developed solely at private expense. The Software is delivered as
“Commercial Computer Software” as defined
in DFARS 252.227-7014 (June 1995) or as a
commercial item as defined in FAR 2.101(a)
and as such is provided with only such rights
as are provided in this Agreement, which is
3Com’s standard commercial license for the
Software. Technical data is provided with limited rights only as provided in DFAR
252.227-7015 (Nov. 1995) or FAR 52.227-14
(June 1987), whichever is applicable.
Term and Termination
The licenses granted hereunder are perpetual
unless terminated earlier as specified below.
You may terminate the licenses and this
Agreement at any time by destroying the
Software and Documentation together with
all copies and merged portions in any form.
The licenses and this Agreement will also terminate immediately if you fail to comply with
any term or condition of this Agreement.
Upon such termination you agree to destroy
the Software and Documentation, together
with all copies and merged portions in
any form.
Limited Warranties and Limitation
of Liability
All warranties and limitations of liability
applicable to the Software are as stated on
the Limited Warranty Card or in the product
manual, whether in paper or electronic form,
accompanying the Software. Such warranties
and limitations of liability are incorporated
herein in their entirety by this reference.
Governing Law
This Agreement shall be governed by the laws
of the State of California, U.S.A. excluding its
conflicts of laws principles and excluding the
United Nations Convention on Contracts for
the International Sale of Goods.
Severability
In the event any provision of this Agreement
is found to be invalid, illegal or unenforceable,
the validity, legality and enforceability of any
of the remaining provisions shall not in any
way be affected or impaired and a valid,
legal and enforceable provision of similar
intent and economic impact shall be
substituted therefor.
Entire Agreement
This Agreement sets forth the entire
understanding and agreement between
you and 3Com and supersedes all prior
agreements, whether written or oral, with
respect to the Software and Documentation,
and may be amended only in a writing signed
by both parties.
Should you have any questions concerning
this Agreement or if you desire to contact
3Com for any reason, please contact the
3Com subsidiary serving your country,
or write:
3Com Corporation
5400 Bayfront Plaza, P.O. Box 58145
Santa Clara, CA 95052-8145
(408) 326-5000
Copyright © 2000 3Com Corporation.
All rights reserved. 3Com is a registered
trademark of 3Com Corporation.
55
Hardware
3Com Corporation (“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 the product
is originally registered with 3Com through the
automated activation process associated with
this product. 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.
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 software licensed from it will perform
in substantial conformance to its program
specifications, for a period of ninety (90)
days from the date the product is originally
registered with 3Com through the automated
activation process associated with this product. 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. 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.
THIS ERGO INTERNET APPLIANCE DEVICE
MAY INCLUDE OR BE BUNDLED WITH
THIRD PARTY SOFTWARE, THE USE OF
WHICH IS GOVERNED BY A SEPARATE END
USER LICENSE AGREEMENT. THIS ERGO
INTERNET APPLIANCE DEVICE 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 OR THE
ACCOMPANYING DOCUMENTATION RELATING TO SUCH SOFTWARE. FOR A LIST OF
THIRD PARTY SOFTWARE BUNDLED WITH
THE PRODUCT, PLEASE VISIT 3COM’S WEB
SITE AT WWW.3COM.COM/ERGO.
Obtaining Warranty Service
Customer must contact a 3Com Corporation
Customer Service Center within the applicable
warranty period to obtain warranty service
authorization. 3Com will validate the warranty
period of a product based on data obtained
during the initial registration of the product.
Products returned to 3Com must be preauthorized by 3Com with a User Service
Order (USO) number marked on the outside
of the package. 3Com is not responsible for
Customer products or parts received without
a warranty service authorization. Products or
parts shipped by Customer to 3Com must be
sent prepaid and packaged appropriately for
safe shipment. Title passes at the time of
receipt by 3Com. It is recommended that
products or parts be insured or sent by a
method that provides for tracking of the package. In the United States, 3Com may ship a
replacement product or part prior to receiving
the original product or part (“advance
exchange”). 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 NONINFRINGEMENT, 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, REGISTRATION, MAINTENANCE OR USE OF ITS PRODUCT.
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, REGISTRATION, 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 OUTAGES,
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 THIS ERGO AUDREY
INTERNET APPLIANCE DEVICE 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 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, SALE, INSTALLATION, REGISTRATION,
MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF 3COM OR ITS AUTHORIZED
RESELLER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT,
REPAIR, 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 imitation 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 exclusions may be limited in
their application to you. When the implied
warranties are not allowed to be excluded in
their entirety, they will be limited to the duration of the applicable written warranty. This
warranty gives you specific legal rights that
may vary depending on local law.
Governing Law
This Limited Warranty shall be governed by
the laws of the State of California, U.S.A., and
by the laws of the United States, excluding its
conflicts of laws principles and excluding the
United Nations Convention on Contracts for
the International Sale of Goods.
3Com Corporation
5400 Bayfront Plaza
PO Box 58007
Santa Clara, California 95052-8007
(408) 326-5000
July 14, 2000
End User Software License Agreement
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
INSTALLING, REGISTERING, AND USING
THE PRODUCT, THE USE OF WHICH IS
LICENSED BY 3COM CORPORATION
(“3COM”) TO ITS CUSTOMERS FOR THEIR
USE ONLY AS SET FORTH BELOW. REGISTERING OR USING ANY PART OF THE
SOFTWARE OR DOCUMENTATION INDICATES THAT YOU ACCEPT THESE TERMS
AND CONDITIONS. IF YOU DO NOT AGREE
TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT
REGISTER OR USE THE SOFTWARE OR
DOCUMENTATION, DO NOT SELECT THE
"I AGREE" OR SIMILAR BUTTON. IF YOU
HAVE RECEIVED THE SOFTWARE AND
DOCUMENTATION ON PHYSICAL MEDIA,
RETURN THE ENTIRE PRODUCT WITH
limited warranty
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