3Com TRGpro User Manual

Page 244

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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.

THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY
A WRITTEN INSTRUMENT DULY SIGNED BY TRG PRODUCTS, INC.

WARRANTIES EXCLUSIVE.

IF THIS PRODUCT DOES NOT OPERATE AS WAR-

RANTED ABOVE, CUSTOMER'S SOLE REMEDY FOR BREACH OF THAT WAR-
RANTY SHALL BE REPLACEMENT OR REPAIR OF THE PRODUCT OR PART OR
REFUND OF THE PURCHASE PRICE PAID, AT TRG PRODUCTS' OPTION. THIS
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (OR CONDITIONALS),
EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION), ANY WAR-
RANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE.

TRG PRODUCTS SHALL NOT BE LIABLE FOR LOSS OF

PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
WHICH THE PURCHASER MAY SUSTAIN. IN NO EVENT SHALL TRG PRODUCTS'
LIABILITY EXCEED THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT. TRG
PRODUCTS NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO AS-
SUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, IN-
STALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.

TRG PRODUCTS SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TEST-
ING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR MAL-
FUNCTION IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY
CUSTOMER'S OR ANY THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTAL-
LATION OR TESTING, UNAUTHORIZED ATTEMPTS TO OPEN, REPAIR, OR MOD-
IFY 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 TRG PRODUCTS 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, TRG

PRODUCTS ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY,
WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR IN-
CIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF
ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF
INFORMA-TION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN
CONNEC-TION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PER-
FORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF TRG
PRODUCTS OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSI-
BILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT, RE-
PAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT TRG PRODUCTS' OPTION.
THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF

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