Modemulator User Guide
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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
