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56K Faxmodem User's Guide and Reference
USRobotics 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 USRobotics Corporation
(USRobotics) is authorised to modify the terms of this Limited Warranty
on behalf of USRobotics.
1.3 This Limited Warranty expressly excludes any product that has not
been purchased as new from USRobotics or its authorised 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 telecommunication approval stickers affixed to the
1.5 USRobotics warrants to the CUSTOMER that this product will be free
from defects in workmanship and materials, under normal use and service,
for TWO (2) YEARS from the date of purchase from USRobotics or its
1.6 USRobotics sole obligation under this 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 refund to the CUSTOMER
not to exceed the latest published USRobotics recommended retail purchase
price of the product, less any applicable service fees. All products or
parts that are exchanged for replacement will become the property of U.S.
1.7 USRobotics warrants any replacement product or part for NINETY
(90) DAYS from the date the product or part is shipped to Customer.
1.8 USRobotics 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 USRobotics 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 USRobotics shall not be responsible for any software or other
CUSTOMER data or information contained in or stored on this product.
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 USRobotics a dated Proof of Purchase (copy
of original purchase receipt from USRobotics or its authorised reseller)
for any warranty claims to be authorised.
3.0 OBTAINING WARRANTY SERVICE:
3.1 CUSTOMER must contact USRobotics Technical Support or an authorised
USRobotics Service Centre within the applicable warranty period to
obtain warranty service authorisation.
3.2 Customer must provide Product Model Number, Product Serial Number
and dated Proof of Purchase (copy of original purchase receipt from U.S.
ROBOTICS or its authorised reseller) to obtain warranty service authorisation.
3.3 For information on how to contact USRobotics Technical Support
or an authorised USRobotics Service Centre, please see the U.S ROBOTICS
corporate Web site at: www.usr.com
3.4 CUSTOMER should have the following information / items readily available
when contacting USRobotics Technical Support:
· Product Model Number
· Product Serial Number
· Dated Proof of Purchase
· CUSTOMER contact name & telephone number
· CUSTOMER Computer Operating System version
· USRobotics Installation CD-ROM
· USRobotics Installation Guide
4.0 WARRANTY REPLACEMENT:
4.1 In the event USRobotics Technical Support or its authorised U.S.
ROBOTICS Service Centre determines the product or part has a malfunction
or failure attributable directly to faulty workmanship and/or materials;
and the product is within the TWO (2) YEAR warranty term; and the CUSTOMER
will include a copy of the dated Proof of Purchase (original purchase
receipt from USRobotics or its authorised reseller) with the product
or part with the returned product or part, then USRobotics will issue
CUSTOMER a Return Material Authorisation (RMA) and instructions for the
return of the product to the authorized USRobotics Drop Zone.
4.2 Any product or part returned to USRobotics without an RMA issued
by USRobotics or its authorised USRobotics Service Centre will be
4.3 CUSTOMER agrees to pay shipping charges to return the product or part
to the authorised USRobotics Return Centre; to insure the product or
assume the risk of loss or damage which may occur in transit; and to use
a shipping container equivalent to the original packaging.
4.4 Responsibility for loss or damage does not transfer to USRobotics
until the returned product or part is received as an authorised return
at an authorised USRobotics Return Centre.
4.5 Authorised CUSTOMER returns will be unpacked, visually inspected,
and matched to the Product Model Number and Product Serial Number for
which the RMA was authorised. The enclosed Proof of Purchase will be inspected
for date of purchase and place of purchase. USRobotics 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 Once a CUSTOMER return has been unpacked, visually inspected, and
tested USRobotics will, at its sole discretion, repair or replace,
using new or reconditioned product or parts, to whatever extent it deems
necessary to restore the product or part to operating condition.
4.7 USRobotics will make reasonable effort to ship repaired or replaced
product or part to CUSTOMER, at USRobotics expense, not later than
TWENTY ONE (21) DAYS after USRobotics receives the authorized CUSTOMER
return at an authorised USRobotics Return Centre.
4.8 USRobotics shall not be liable for any damages caused by delay
in delivering or furnishing repaired or replaced product or part.
5.1 THIRD-PARTY SOFTWARE: This USRobotics 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 USRobotics 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 DAMAGE DUE TO MISUSE, NEGLECT, NON-COMPLIANCE, IMPROPER INSTALLATION,
AND/OR ENVIRONMENTAL FACTORS: To the extent permitted by applicable law,
this USRobotics 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 USRobotics or authorized
USRobotics Service Centres); 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; counterfeit products; 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); failures caused by products not supplied by USRobotics; 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).
5.3 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.
USRobotics NEITHER ASSUMES NOR AUTHORISES ANY OTHER PERSON TO ASSUME
FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION,
MAINTENANCE, WARRANTY, OR USE OF ITS PRODUCTS.
5.4 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, USRobotics
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 AUTHORISED 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 USRobotics OPTION. THIS DISCLAIMER OF
LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN
SHALL FAIL OF ITS ESSENTIAL PURPOSE.
6.0 DISCLAIMER: 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 to the TWO (2) YEAR duration of
this written warranty. This warranty gives CUSTOMER specific legal rights,
which may vary depending on local law.
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.
935 National Parkway
Schaumburg, IL, 60173