Warranty

U.S. Robotics Corporation Limited Warranty

1.0 GENERAL TERMS:

1.1 This Limited Warranty is extended only to the original end-user purchaser (CUSTOMER) and is not transferable.

1.2 No agent, reseller, or business partner of U.S. Robotics Corporation (U.S. ROBOTICS) is authorized to modify the terms of this Limited Warranty on behalf of U.S. ROBOTICS.

1.3 This Limited Warranty expressly excludes any product that has not been purchased as new from U.S. ROBOTICS or its authorized reseller.

1.4 This Limited Warranty is only applicable in the country or territory where the product is intended for use (As indicated by the Product Model Number and any local approval stickers affixed to the product).

1.5 U.S. ROBOTICS warrants to the CUSTOMER that this product will be free from defects in workmanship and materials, under normal use and service, for ONE YEAR from the date of purchase from U.S. ROBOTICS or its authorized reseller.

1.6 U.S. ROBOTICS’ sole obligation under this Limited Warranty shall be, at U.S. ROBOTICS’ sole discretion, to repair the defective product or part with new or reconditioned parts; or to exchange the defective product or part with a new or reconditioned product or part that is the same or similar; or if neither of the two foregoing options is reasonably available, U.S. ROBOTICS may, at its sole discretion, provide a prorated refund to the CUSTOMER of the purchase price of the product, as evidenced by the proof of purchase, less any applicable service fees in accordance with the following schedule:

Months 0- 3: 100%

Months 4 – 6: 50%

Months 7 - 12: 35%

1.7 A product or part that is repaired or replaced under this Limited Warranty shall be covered for the remainder of the original warranty period applying to the product or part, or for NINETY (90) days, whichever is longer. All products or parts that are exchanged for replacement will become the property of U.S. ROBOTICS.

1.8 U.S. ROBOTICS makes no warranty or representation that this product will meet CUSTOMER requirements or work in combination with any hardware or software products provided by third parties.

1.9 U.S. ROBOTICS makes no warranty or representation that the operation of the software products provided with this product will be uninterrupted or error free, or that all defects in software products will be corrected.

1.10 U.S. ROBOTICS shall not be responsible for any software or other CUSTOMER data or information contained in or stored on this product.

1.11 U.S. ROBOTICS products are not designed for any “critical applications.” ”Critical applications” shall mean life support systems, medical applications, connections to implanted medical devices, commercial transportation, nuclear facilities or systems or any other applications where product failure could lead to injury to persons or loss of life or property damage.

2.0 CUSTOMER OBLIGATIONS:

2.1 CUSTOMER assumes full responsibility that this product meets CUSTOMER specifications and requirements.

2.2 CUSTOMER is specifically advised to make a backup copy of all software provided with this product.

2.3 CUSTOMER assumes full responsibility to properly install and configure this product and to ensure proper installation, configuration, operation and compatibility with the operating environment in which this product is to function.

2.4 CUSTOMER must furnish U.S. ROBOTICS or its authorized reseller a dated Proof of Purchase (copy of original, dated purchase receipt from U.S. ROBOTICS or its authorized reseller) for any warranty claims to be authorized.

3.0 OBTAINING WARRANTY SERVICE:

3.1 CUSTOMER must contact U.S. ROBOTICS Technical Support within the applicable warranty period to obtain warranty service authorization.

3.2 For information on how to contact U.S. ROBOTICS Technical Support please see the U.S. ROBOTICS corporate Web site at: www.usr.com/support

3.3 CUSTOMER should have the following information/items readily available when contacting U.S. ROBOTICS Technical Support:

Product Model Number
Product Serial Number
Dated Proof of Purchase
CUSTOMER contact name & telephone number
CUSTOMER Computer Operating System version
U.S. ROBOTICS Installation CD-ROM
U.S. ROBOTICS Installation Guide

4.0 WARRANTY REPLACEMENT:

4.1 In the event U.S. ROBOTICS Technical Support determines the product or part has a malfunction or failure attributable directly to faulty workmanship and/or materials; and the product is within the ONE (1) YEAR warranty term; the CUSTOMER will include a copy of the dated Proof of Purchase (original purchase receipt from U.S. ROBOTICS or its authorized reseller) with the returned product or part, then U.S. ROBOTICS will issue CUSTOMER a Return Material Authorization (RMA) and instructions for the return of the product to the authorized U.S. ROBOTICS Return Center.

4.2 Any product or part returned to U.S. ROBOTICS without an RMA issued by U.S. ROBOTICS prominently displayed on the exterior of the return packaging will be returned.

4.3 CUSTOMER agrees to pay shipping charges to return the product or part to the authorized U.S. ROBOTICS Return Center; to insure the product or assume the risk of loss or damage which may occur in transit; and to ship the product in the original packaging.

4.4 Responsibility for loss or damage does not transfer to U.S. ROBOTICS until the returned product or part is received as an authorized return at an authorized U.S. ROBOTICS Return Center.

4.5 Authorized CUSTOMER returns will be unpacked, visually inspected, and matched to the Product Model Number and Product Serial Number for which the RMA was authorized. The enclosed Proof of Purchase will be inspected for date of purchase and place of purchase. U.S. ROBOTICS may deny warranty service if visual inspection of the returned product or part does not match the CUSTOMER supplied information for which the RMA was issued.

4.6 U.S. ROBOTICS retains the final decision whether products are within warranty conditions. In the event U.S. ROBOTICS determines that the product is not within warranty conditions, or is without the original packaging and accessories, CUSTOMER will not be entitled to repair or a refund and the product will be returned to CUSTOMER.

4.7 Once a CUSTOMER return has been unpacked, visually inspected, and tested U.S. ROBOTICS will, at its sole discretion, repair or replace the product, using new or reconditioned product or parts, to whatever extent it deems necessary to restore the product or part to operating condition.

4.8 U.S. ROBOTICS will make reasonable efforts to ship the repaired or replaced product or part to CUSTOMER, at U.S. ROBOTICS expense, not later than TWENTY ONE (21) DAYS after U.S. ROBOTICS receives the authorized CUSTOMER return.

4.9 U.S. ROBOTICS shall not be liable for any damages caused by delay in delivering or furnishing repaired or replaced product or part.

5.0 LIMITATIONS:

5.1 THIRD-PARTY SOFTWARE: This U.S. ROBOTICS product may include or be bundled with third-party software, the use of which is governed by separate end-user license agreements provided by third-party software vendors. This U.S. ROBOTICS Limited Warranty does not apply to such third-party software. For the applicable warranty refer to the end-user license agreement governing the use of such software.

5.2 UNAUTHORIZED PRODUCTS: To the extent permitted by applicable law, this U.S. ROBOTICS Limited Warranty does not apply to distressed, “grey market” or liquidated inventory and all such products are sold “as is” without any warranty. Further, this U.S. ROBOTICS Limited Warranty does not apply and U.S. ROBOTICS assumes no responsibility or liability for counterfeit products or for products sold by auction or by parties who are not specifically authorized by U.S. ROBOTICS.

5.3 DAMAGE DUE TO MISUSE, NEGLECT, NON-COMPLIANCE, IMPROPER INSTALLATION, AND/OR ENVIRONMENTAL FACTORS: To the extent permitted by applicable law, this U.S. ROBOTICS Limited Warranty does not apply to normal wear and tear; damage or loss of data due to interoperability with current and/or future versions of operating system or other current and/or future software and hardware; alterations (by persons other than U.S. ROBOTICS); damage caused by operator error or non-compliance with instructions as set out in the user documentation or other accompanying documentation; damage caused by acts of nature such as lightning, storms, floods, fires, and earthquakes, etc. Products evidencing the product serial number has been tampered with or removed; misuse, neglect, and improper handling; damage caused by undue physical, temperature, or electrical stress; damage or loss of data caused by a computer virus, worm, Trojan horse, or memory content corruption; failures of the product which result from accident, abuse, misuse (including but not limited to improper installation, connection to incorrect voltages, and power points); electrical transients or disturbances in the line power (mains) connected to the device or in a telephone network connected to the device, including any transient phenomenon due to the cross connected nature of a device between these two networks, failures caused by products not supplied by U.S. ROBOTICS; damage cause by moisture, corrosive environments, high voltage surges, shipping, abnormal working conditions; or the use of the product outside the borders of the country or territory intended for use (As indicated by the Product Model Number and any local telecommunication approval stickers affixed to the product).

5.4 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. U.S. ROBOTICS NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, WARRANTY, OR USE OF ITS PRODUCTS.

5.5 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, U.S. ROBOTICS 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, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF U.S. ROBOTICS OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT U.S. ROBOTICS OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.

6.0 STATUTORY RIGHTS OF CUSTOMER:

Some countries, states, territories or provinces do not allow the exclusion or limitation 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 CUSTOMER. When the implied warranties are not allowed by law to be excluded in their entirety, they will be limited in scope and duration to this written Limited Warranty. This Limited Warranty gives CUSTOMER specific legal rights. CUSTOMER may also have other rights that may vary from state to state or from country to country. CUSTOMER is advised to consult applicable state or country laws for full determination of its rights. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

7.0 GOVERNING LAW:

This Limited Warranty shall be governed by the laws of the State of Illinois, U.S.A. excluding its conflicts of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.

U.S. Robotics Corporation
1300 East Woodfield Road, Suite 506
Schaumburg, IL, 60173
U.S.A.