Xircom Ethernet 10/100+Modem 56 - Limited Lifetime Warranty

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# Ethernet 10/100+Modem 56
Limited Lifetime Warranty

## Warranties

As the original purchaser, you receive these warranties from Xircom:

### Hardware

Your Xircom RealPort Ethernet 10/100+Modem 56 or CreditCard Ethernet 10/100+Modem 56 (collectively, “Products”) will be free from defects in material and workmanship and will perform in substantial compliance with your user documentation accompanying the Products for as long as you own and properly care for and use the Products.

### Software

Software accompanying these Products (including driver, utility software, etc.) and the magnetic media containing the software are warranted to perform in substantial compliance with the specifications contained in your user documentation for two years from your purchase date. Our warranty does not cover or provide you with rights to upgrades or updates.

You are responsible for your choice of applications programs or related reference materials. Given the wide range of third party hardware and applications software products you might use our software with, you understand that Xircom does not warrant the compatibility or the uninterrupted or error free operation of our software. Upon our confirmation of a covered defect or failure, at our option we will repair or replace the affected item or will refund your purchase price if repair or replacement is not possible or practical. At our option, replacement products or repaired items may be a new, refurbished, or functionally equivalent item. Our warranty on items serviced under warranty will be lifetime for hardware and, for software, 90 days from return to you of software/magnetic media or the remainder of the original warranty, whichever is longer. Repair, replacement, or refund are the exclusive remedies available to you from Xircom for products and software.

## Your Obligations

Your warranty rights will be honored provided you

1. Read and follow your user documentation for assembly, installation, setup, software setup, and operating guidelines.
2. Use the Products and software only in suitable physical or operating environments as described in your user documentation and for purposes for which the Products and software are intended.

## Warranty Service

If you think there is a problem or defect with your purchased item, your point of contact will be:

### In the U.S.A.

Xircom's Technical Support department at (805) 376-9200.

### Outside the U.S.A.

Contact your local Xircom supplier or Xircom regional office.

Your Xircom contact will discuss your problem to confirm the defect. If warranty or return service is needed, you'll receive a Return Material Authorization (RMA) number. Replacement Product will be shipped when the original Product has been received by Xircom. (U.S. only: advance shipment of replacement Product is available with a credit card deposit.)

Ship your return Product prepaid, with the RMA number clearly visible on the outside of the shipping package, to:

### From the U.S.A.

> Xircom Service Department
> 2101 Corporate Center Drive
> Thousand Oaks, CA 91320-1422

### From outside the U.S.A.

> Contact your local Xircom supplier or Xircom regional center for shipping instructions.

Returned Products may need to include, if requested by Xircom, all other components from your original package, including the Product and any cables, connectors, software diskettes, and user documentation. Be sure to enclose a copy of your purchase receipt or other proof of purchase confirming that you are the original purchaser.

## Limitations

Our warranty is subject to the following limitations:

- We do not cover or accept liability for any injury, damage, breakage or failure caused by misuse, abuse, acts of Nature, accidents (e.g., dropping the Products or software diskettes), failure to follow instructions and procedures contained in the user documentation, electrical mishaps, causes beyond our control, or claims by other than the original purchaser.
- We will not honor, and will consider our warranty voided, if there has been any (1) tampering with the Product's external label or serial number, (2) attempt to open the Product's case, (3) modification or alteration of any component, housing, connector, or other physical attribute of the Product, or (4) attempted or actual repair by anyone other than an authorized Xircom technician.

## Disclaimer

THIS LIMITED WARRANTY IS THE ONLY WARRANTY WE MAKE FOR THE PRODUCT AND SOFTWARE. TO THE EXTENT ALLOWED BY LAW, NO OTHER WARRANTY APPLIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT. XIRCOM WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (e.g., LOST PROFITS, LOSS OF OR DAMAGE TO ANY COMPUTER EQUIPMENT OR RELATED DATA).

## Additional Rights

Some states or countries do not allow exclusion or limitation of incidental or consequential damages, or limitations on the length of an implied warranty, so the above limitations or exclusions may not apply to you. Our warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country.

## International Notice

Due to differing national regulations and approval requirements, certain Xircom products are designed for use only in specific countries, and may not function properly in a country other than the country of designated use. As a user of these products, you are responsible for ensuring that the products are used only in the countries for which they were intended.

For information on specific products, contact Xircom's nearest regional center:

Xircom Corporate (U.S.A.) | (800) 438-4526
Xircom Europe | +32/(0)3 450.08.11
Xircom Asia Pacific | +65 732 5001
Xircom Japan | +81(0)3 3407 0033

## Unauthorized Applications

Xircom's products are not designed or authorized for use as a component in any life support, life safety, or other comparable application. Our products should not be used in any application where the failure or faulty performance of the product might create a risk of personal injury or death. Buyer assumes all risk of loss, damage or injury alleged to arise from the failure or faulty performance of a Xircom product in any unauthorized application. Buyer agrees to indemnify and hold harmless Xircom, and its officers, directors, employees, agents, representatives, and sales partners, from and against any and all claims, costs, damages, losses and expenses (including reasonable attorney fees) which arise from or are alleged to have been caused by any claim for personal injury or death connected with Buyer's use of a Xircom product in any unauthorized application, including claims which allege that Xircom has been negligent in connection with the design or manufacture of the product.

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