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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 or authorised U.S. ROBOTICS 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 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).
5.3 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. U.S.
ROBOTICS 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, 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 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 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 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.