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3Com Palmone VII Organiser Instructions Manual

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    							Appendix D Page 263
    Appendix D
    Non-ASCII Characters 
    for Login Scripts
    The following information enables you to create custom login scripts 
    that require non-ASCII characters. It is provided for advanced users 
    who understand the use and requirements of such characters in a 
    custom login script.
    Use of ^char
    You may use the caret ( ^ ) to transmit ASCII command characters. If 
    you send ^char, and the ASCII value of char is between @ and _, then 
    the character is automatically translated to a single-byte value 
    between 0 and 31. 
    For example, ^M is converted to a carriage return. If char is a value 
    between a and z, then the character sequence is translated to a single-
    byte value between 1 and 26. If char is any other value, then the 
    character sequence is not subject to any special processing.
    For example, the string “Joe^M” transmits Joe, followed by a carriage 
    return.
    Carriage return and line feed
    You may include carriage return and line feed commands as part of 
    the login script, when entered in the following format:
    Sends or receives a carriage return
    Sends or receives a line feed
    For example, the string “waitfor Joe” waits to receive Joe 
    followed by a carriage return and line feed from the remote computer 
    before executing the next command in the script. 
    						
    							Page 264  Non-ASCII Characters for Login Scripts
    Literal characters
    The backslash ( \ ) character defines that the next character is 
    transmitted as a literal character, and is not subject to any special 
    processing ordinarily associated with that character. 
    Examples:
    \^Includes a caret as part of the string
    \
    						
    							Page 265
    Palm.Net™ Service Agreement, 
    Warranty, and 
    Other Product Information
    Palm.Net service agreement
    NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREE-
    MENT (“AGREEMENT”). USE OF THE PALM.NET™ WIRELESS COMMUNICA-
    TION SERVICE (THE “SERVICE”) CONSTITUTES YOUR ACCEPTANCE OF THESE
    TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
    ACTIVATE THE SERVICE. AS USED IN THIS AGREEMENT “YOU” MEANS BOTH
    THE INDIVIDUAL ACTIVATING THE SERVICE AND ANY CORPORATION OR
    OTHER ENTITY RESPONSIBLE FOR THE PAYMENT OF THE CORRESPONDING
    ACCOUNT. UPON WRITTEN OR ELECTRONIC NOTICE TO YOU, 3COM MAY
    MODIFY THIS AGREEMENT, MAY MODIFY THE SERVICE RULES OR PRICES,
    AND MAY DISCONTINUE OR REVISE ANY OR ALL OTHER ASPECTS OF THE SER-
    VICE.
    1. General Information, Definitions, and Operating Policies
    .
    1.1 Description
    . The Service is provided by Palm Computing, Inc., a subsidiary of
    3Com Corporation, hereinafter referred to as “3Com,” through the facilities of a wire-
    less service provider(s) to 3Com (“Wireless Service Provider”). The “Network” is the
    method by which a Palm VII™ device connects to the Service. A Venue Host is a third
    party content provider to the Service. By subscribing to the Service, you have accepted
    the terms of this Agreement. Further, you agree to use the Service in a manner consis-
    tent with any and all applicable laws and regulations. If any information provided by
    you is incomplete or inaccurate, 3Com retains the right to terminate your access to the
    Service.
    (a) 3Com is providing you with access to various types of information
    through the Service which may include, without limitation, financial information, news,
    maps and directions (the “Information”) solely for your own use and not for further re-
    distribution. The Information is the property of 3Com or its Venue Hosts (or other licen-
    sors) and is protected by applicable law. 3Com and its Venue Hosts (or other licensors)
    reserve any rights not expressly granted herein.
    (b) The Information does not include the design or layout of the web pages
    on which the Information is displayed. Elements of such web pages are protected by
    trade dress and other laws and may not be copied or retransmitted without the express
    permission of the web site owner.
    (c) Neither 3Com nor the Venue Hosts assume the responsibility of enforcing
    licensing requirements, or of checking for licenses, with respect to licensed professions
    or trades, prior to publishing advertisements. Neither 3Com nor the Venue Hosts are re-
    sponsible for the content of any advertising published on the server. 
    						
    							Page 266 
    (d) You may obtain information regarding the general availability and recep-
    tion quality of the Service in a given location within the United States (“Service Rat-
    ings”) through the Palm.Net site on the World Wide Web at the URL http://
    www.palm.net (the “Palm.Net Site”) by entering the corresponding U.S. Postal Service
    zip code in the space provided. You acknowledge and agree, however, that the Service
    Ratings are merely approximate guidelines, and shall not be considered to be a warran-
    ty or representation of 3Com, the Wireless Service Provider or any other third party as
    to the availability and/or reception quality of a Network connection from any given lo-
    cation at any given time. You acknowledge that neither 3Com, the Wireless Service Pro-
    vider nor any other third party shall be liable to you if the actual Service in a given
    location is not available or is not of the same reception quality as any posted Service Rat-
    ing for such location.
    1.2 Accounts
    . To use the Service, you must have an open, active account that cor-
    responds to your Palm VII device.
    1.3 Password Responsibility
    . Once you subscribe to the Service, you shall receive
    a password and an account. You are solely and entirely responsible for maintaining the
    confidentiality of your password. Furthermore, you are solely and entirely responsible
    for any and all activities which occur under your account. You agree to immediately no-
    tify 3Com of any unauthorized use of your account or any other breach of security
    known to you. You acknowledge that the complete privacy of your data and messages
    transmitted while using the Service cannot be guaranteed. For the purposes hereof,
    “use” means to transfer data over the Network.
    1.4 Lost or Stolen Units
    . You agree to notify 3Com immediately if your Palm VII
    device is lost or stolen. If you fail to do so, any charges incurred on your account will be
    your responsibility.
    2. Copyright and Licenses
    . You acknowledge that no title to the intellectual property
    in, or transmitted by, the Service is transferred to you. Subject to the terms and condi-
    tions of this Agreement, you will have a nonexclusive, nontransferable, nonassignable
    personal subscription to the Service for the term of this Agreement. The use of any Ser-
    vice software or documentation related thereto is licensed, not sold, to you for use only
    under the terms of the license contained herein. 
    3. Interruptions of Service
    . In the event that the Service is interrupted or you experi-
    ence some other difficulty with the Service, including any problems or outages with the
    Network, 3Com shall use commercially reasonable efforts to try to correct problems
    with the Service as soon as reasonably possible. You acknowledge and agree that 3Com
    is not responsible for performance degradation and delays due to conditions on the In-
    ternet or due to the equipment or actions of the Venue Hosts.
    4. Charges and Billing Practices
    .
    4.1 Current Rates. 
    You may obtain current rates and surcharges for using the Ser-
    vice via 3Com’s web site located at http://www.palm.net or by calling the Palm.Net
    Service customer service department at 1-888-756-PALM. In addition, you are respon-
    sible for paying any governmental taxes imposed on your use of the Service, including,
    but not limited to, sales, use or value-added taxes. You are solely responsible for arrang-
    ing payment for any and all additional or premium charges for your use of any third 
    						
    							Page 267
    party services via the Service.
    4.2 Payment
    . To establish an individual, non-corporate accounts, payment must be
    made by a major credit card accepted by 3Com (currently, VISA, MasterCard, and
    American Express). For a corporate account, payment may be made by major credit
    card or via an approved purchase order. Cash will not be accepted.
    4.3 Activation and Changes
    . Upon each activation of your account, you may be
    charged an activation fee. If you request any change to your level of service, you agree
    to pay any additional fees, if applicable, related thereto.
    4.4 Billing Information
    . The billing period ends each month on the monthly anni-
    versary of your activation date. If, however, the billing period would end on the 29th,
    30th or 31st day of a month, the Billing Date will be the first day of the following month.
    You will be billed in advance for the next month’s service level charge, and in arrears
    for any previously unbilled usage. It is possible that 3Com may (but you agree that it is
    not obligated to) give you the option to obtain an estimate of the then-current charges
    incurred by you since your last billing statement through the Palm.Net Site; however,
    you acknowledge that the amount displayed therein at any given time is only a general
    estimate of the total amount that will be billed to you in your next billing statement, and
    agree that additional charges owed by you for your use of the Service (including with-
    out limitation taxes, service level change fees, and other charges incurred but not yet
    billed to your account) may be included in your next monthly bill. If you have elected
    to pay for the Service by credit card and 3Com does not receive payment from the card
    issuer or its agent, you agree to pay all amounts due upon demand by 3Com. Each time
    you use the Service you agree and reaffirm that 3Com is authorized to charge your des-
    ignated credit card. Your card issuer agreement governs your use of your designated
    card in connection with the Service, and you must refer to that agreement and not this
    Agreement to determine your rights and liabilities as a cardholder. Further, you agree
    that 3Com may delay obtaining authorization from your card issuer until submission of
    the accumulated charges.
    4.5 Late Payment; Discrepancies
    . If 3Com does not receive the full amount of your
    Service account balance within thirty (30) days of the Billing Date, a late payment
    charge of one and one-half percent (1.5%) per month (or the highest amount allowed by
    law, whichever is lower) may be added to your bill and immediately become due and
    payable. Unless you notify 3Com of any discrepancies within sixty (60) days after they
    first appear on your account statement, they will be deemed accepted by you for all pur-
    poses, including resolution of inquiries made by your card issuer. You release 3Com
    from all liabilities and claim of loss resulting from any error or discrepancy that is not
    reported to 3Com within sixty (60) days of its first appearance on an invoice or credit
    card statement.
    4.6 Deactivation for Non Payment
    . You agree to pay 3Com all reasonable attor-
    ney’s fees and costs incurred by 3Com to collect any past due amounts. Your account
    may be deactivated without further notice if payment is sixty (60) days past due, re-
    gardless of the dollar amount. You agree to pay any outstanding balance in full within
    thirty (30) days of cancellation or termination of your Service account. 
    4.7 Reservation of Rights
    . 3COM RESERVES THE RIGHT, AT ANY TIME, TO
    CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF 
    						
    							Page 268 
    SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES
    PROVIDED BY 3COM, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POST-
    ING ON THE PALM.NET SITE. 3COM MAY ADDITIONALLY PROVIDE NOTICE OF
    BILLING CHANGES THROUGH YOUR DESKTOP E-MAIL OR THROUGH THE U.S.
    MAIL. If any such change is unacceptable to you, you may terminate your subscription
    to the Service, as provided in Section 5 below. YOUR CONTINUED USE OF THE SER-
    VICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND
    BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH
    CHANGE.
    5. Term; Termination; Effect of Termination
    . 
    5.1 Obligations
    . This Agreement shall be effective as of the date when you activate
    the Service. This Agreement shall remain in effect until terminated as set forth herein.
    3Com reserves the right, in its sole discretion, to suspend or terminate your access to and
    use of Service without further notice if you breach any of the terms and conditions of
    this Agreement. Additionally, either you or 3Com may terminate this Agreement at any
    time without cause by sending notice to the other party.
    5.2 Responsibilities
    . Termination of this Agreement shall not relieve you of any ob-
    ligations to pay accrued charges, including any prorated charges accrued for the billing
    cycle in which this Agreement is terminated. The payment in advance for the next
    month’s service level is nonrefundable.
    5.3 Additional Charges
    . You will be charged for any additional charges beyond the
    monthly rates and applicable usage surcharges that have accumulated through the date
    of termination of your account, and will be billed for such additional amounts on the
    account’s monthly anniversary date.
    6. Links to Other Content
    . Some Service plans enable access through the Network to
    third-party World Wide Web sites and other resources. Neither 3Com nor any Venue
    Host assumes responsibility for the availability or content of these sites and resources.
    Therefore, any concerns that you may have regarding any site should be directed to the
    relevant site administrator or webmaster.
    7. Availability of Service
    . The Service will be available in the United States and in the
    District of Columbia, EXCEPT for Alaska, Guam, Hawaii, the Marshall Islands, Mon-
    tana, North Dakota, Puerto Rico, South Dakota, Vermont and Wyoming. There will also
    be areas within the 44 covered states and District of Columbia where the Service is not
    available. Specific coverage information will be available at the Palm.Net Site. If the Ser-
    vice is not available within your intended location, you agree that your sole remedy
    shall be to terminate this Agreement.
    7.1 Compliance with Laws. 
    You shall not use the Service in any manner contrary
    to local, state or federal law. 3Com expressly disclaims any and all responsibility or lia-
    bility for any action by you that is contrary to such law(s) by you and reserves the right
    to terminate your Service immediately upon notice for your failure to comply with any
    such local, state or federal law. 
    						
    							Page 269
    8. Disclaimer of Service Warranties.
    8.1 Subscription to Service does not affect the warranty that came with your
    Palm VII device. No additional warranty is provided as a result of subscribing to the
    Service. 3Com SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIP-
    MENT OR SOFTWARE PROVIDED BY YOU AND IN NO WAY WARRANTS THE
    CAPABILITIES OF ANY SUCH PROVIDED EQUIPMENT OR SOFTWARE USED IN
    CONJUNCTION WITH THE SERVICE OR THE PALM VII DEVICE. 3COM FURTHER
    MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PALM VII DEVICE
    OR THE SERVICE WILL ACHIEVE THE MAXIMUM NETWORK ACCESS SPEED SET
    FORTH IN ANY 3COM DOCUMENTATION.
    8.2 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE
    RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BA-
    SIS.
    8.3 3COM AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES
    OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT
    NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
    FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD
    PARTY RIGHTS.
    8.4 3COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR
    REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
    SECURE, OR ERROR FREE; NOR DO 3COM OR ITS LICENSORS MAKE ANY WAR-
    RANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
    SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY
    INFORMATION OBTAINED THROUGH THE SERVICE. 3COM AND/OR ITS LI-
    CENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE
    AT ANY TIME.
    8.5 YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
    DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
    SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
    BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PALM VII DEVICE AND/
    OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
    DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
    8.6 3COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
    PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS
    ENTERED INTO THROUGH THE SERVICE.
    8.7 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OB-
    TAINED BY YOU FROM 3COM OR THROUGH THE SERVICE SHALL CREATE ANY
    WARRANTY NOT EXPRESSLY MADE HEREIN.
    8.8 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
    WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
    YOU. 
    						
    							Page 270 
    9. Limitation Of Liability For The Service.
    9.1 3Com shall not be liable for any loss, injury, claim, liability or damage of any
    kind resulting in any way from (i) your use of the Service, (ii) your use of any equip-
    ment in connection with the Service, or (iii) the content of materials included with or ac-
    cessed via use of the Service, or (iv) any goods or services purchased through the
    Service. Neither 3Com nor any Wireless Service Providers shall have any liability of any
    kind, direct or indirect, to you for any damages other than actual damages directly or
    proximately resulting from the failure, delay, or nonperformance of the Service. The
    limitations stated in this Section 9 (“Limitation of Liability”) also apply to Venue Hosts
    and Wireless Service Providers.
    9.2 3COM, WIRELESS SERVICE PROVIDERS AND/OR 3COM’S LICENSORS
    SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
    CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (IN-
    CLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING
    FROM THE USE OR THE INABILITY TO USE THE SERVICE, RELATED FACILITIES,
    EQUIPMENT OR SOFTWARE, EITHER SEPARATELY OR IN COMBINATION WITH
    ANY OTHER SERVICES, FACILITIES, EQUIPMENT, OR SOFTWARE, WHETHER OR
    NOT PERFORMED OR PROVIDED UNDER THIS AGREEMENT, OR FOR COST OF
    PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM
    ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RE-
    CEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, OR RE-
    SULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
    TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
    LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF 3COM, WIRE-
    LESS SERVICE PROVIDERS AND/OR 3COM’S LICENSORS HAVE BEEN ADVISED
    OF THE POSSIBILITY OF SUCH DAMAGES.
    9.3 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT,
    THE MAXIMUM LIABILITY OF 3COM FOR DAMAGES HEREUNDER SHALL NOT
    EXCEED $100.00 AND THE MAXIMUM COLLECTIVE LIABILITY OF 3COM AND
    WIRELESS SERVICE PROVIDERS FOR ACTUAL DAMAGES DIRECTLY AND PROX-
    IMATELY RESULTING FROM THE FAILURE, DELAY, OR NONPERFORMANCE OF
    THE SERVICE HEREUNDER SHALL BE LIMITED SOLELY TO THE AMOUNT PAID
    BY YOU TO 3COM FOR THE SERVICE DURING SUCH PERIOD OF FAILURE, DE-
    LAY, OR NONPERFORMANCE.
    9.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLU-
    SION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
    SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    10. Third Party Rights
    . The provisions of this Agreement are for the benefit of 3Com,
    Venue Hosts, and their respective licensors. Each of these individuals or entities shall
    have the right to assert and enforce this Agreement on its own behalf.
    11. Messaging Service Terms and Conditions
    . 
    11.1 Rules of Use
    . If you elect to use the Wireless Internet Messaging Service (the
    “Messaging Service”), you hereby agree to comply with the additional terms and con-
    ditions set forth in this Section 11 (“Messaging Terms and Conditions”). You further 
    						
    							Page 271
    agree that this Agreement applies with equal force and effect to your use of the Messag-
    ing Service.
    (a) You are solely responsible for the contents of your transmissions through
    the Messaging Service. Your use of the Messaging Service is subject to all applicable lo-
    cal, state, national and international laws and regulations.
    (b) You agree: (1) to comply with US law regarding the transmission of tech-
    nical data exported from the United States through the Messaging Service; (2) not to use
    the Messaging Service for unlawful or wrongful purposes, including, but not limited to,
    distributing material that (i) is copyrighted (except to the extent expressly permitted by
    the copyright owner), (ii) is obscene, libelous, harassing or discriminatory, (iii) is pro-
    tected by trade secret, (iv) is an invasion of the privacy of a third party; (v) creates a clear
    and present danger, or (vi) advocates unlawful conduct; (3) not to interfere or disrupt
    networks connected to the Messaging Service; and (4) to comply with all regulations,
    policies and procedures of networks connected to the Messaging Service.
    (c) You agree not to use the Messaging Service for chain letters, junk mail,
    spamming or any use of distribution lists to any person who has not given specific per-
    mission to be included in such a process.
    11.2 Modifications To Messaging Service
    . 3Com reserves the right to modify or dis-
    continue the Messaging Service with or without notice. 3Com shall not be liable to you
    or any third party should 3Com exercise its right to modify or discontinue the Messag-
    ing Service. You agree that 3Com has no obligation to monitor or regulate the transmis-
    sions sent by you. 3Com will endeavor to keep your messages private, viewable only by
    you and the person to whom you address it. However, systems operators may need to
    look at your messages if 3Com believes it is necessary to protect itself or others from in-
    jury or damage; for example, if 3Com has reason to believe you are involved in illegal
    activities which could lead the authorities to seize or search its system. 3Com reserves
    the right to the appropriate action if it becomes aware of any use of the Messaging Ser-
    vice which 3Com believes violates any law or is otherwise wrongful, including immedi-
    ately terminating your access to the Messaging Service, but 3Com will not monitor
    messages unless it believes the Messaging Service is being misused.
    11.3 No Resale Or Commercial Use Of The Service
    . Your right to use the Messag-
    ing Service is personal to you. You agree not to resell the use of the Messaging Service,
    without the express written consent of 3Com. 
    11.4 Indemnification
    . Since you are responsible for your transmissions and their
    consequences, you agree to indemnify and hold 3Com, its parents, subsidiaries, affili-
    ates, officers and employees, harmless from and against any claim or demand, includ-
    ing reasonable attorneys fees, made by any third party resulting from or arising out of
    your use of the Messaging Service (or the Messaging Service by persons using your
    password), your violation of this Agreement, or the infringement by you, or other user
    of the Messaging Service using your computer or password, of any intellectual property
    or other right of any person or entity. 
    						
    							Page 272 
    12. General.
    12.1 Entire Agreement
    . This Agreement is intended as the complete, final and ex-
    clusive statement of the terms of the agreement between the parties relating to the sub-
    ject matter hereof and supersede all prior understandings, writings, proposals,
    representations or communications, oral or written, relating to the subject matter here-
    of. 3Com may make changes to this Agreement by notifying you in accordance with Sec-
    tion 12.3. No change requested by you shall be binding upon 3Com unless agreed to in
    writing executed by both parties.
    12.2 Force Majeure
    . Except with respect to your payment obligations under this
    Agreement, neither party shall be liable to the other party for any alleged loss or dam-
    ages resulting from delays in performance caused by acts of the other party, acts of civil
    or military authority, governmental priorities, earthquake, fire flood, epidemic, quaran-
    tine, energy crisis, strike, labor trouble, war, riot, accident, shortage, delay in transpor-
    tation, or any other causes beyond the reasonable control of the party whose
    performance is so delayed.
    12.3 Notices
    . You may send notices to 3Com by postal mail or by express delivery,
    addressed to 3Com at 5400 Bayfront Plaza, Santa Clara, CA 95052-8145, Attention:
    Palm VII Customer Care or at such other address as 3Com may provide. 3Com may send
    notices to you electronically by facsimile, desktop e-mail, or by postal mail, addressed
    to you at your last known address or number. All notices shall be deemed to have been
    given and received on the earlier of actual delivery or three (3) days from the date of
    postmark.
    12.4 Waiver
    . A waiver of any default hereunder or of any of the terms and condi-
    tions of this Agreement shall not be deemed to be a continuing waiver or a waiver of
    any other default or of any other term or condition, but shall apply solely to the instance
    to which such waiver is directed. The exercise of any right or remedy provided in this
    Agreement shall be without prejudice to the right to exercise any other right or remedy
    provided by law or equity.
    12.5 Severability
    . In the event any provisions of this Agreement are found to be in-
    valid, illegal or unenforceable, the validity, legality and enforceability of any of the re-
    maining provisions shall not in any way be affected or impaired thereby.
    12.6 Assignment
    . Assignment of this Agreement shall be prohibited without the
    express written consent of the other party; except that 3Com shall be entitled to assign
    its rights and obligations hereunder to any subsidiary or affiliate or in connection with
    a merger or other business combination in which 3Com is not the surviving entity. Any
    attempted assignment in violation of this provision shall be null and void.
    12.7 Governing Law
    . THE VALIDITY, PERFORMANCE, CONSTRUCTION,
    AND INTERPRETATION OF THIS AGREEMENT SHALL BE GOVERNED BY THE
    LAWS OF THE STATE OF CALIFORNIA, EXCLUDING CONFLICTS OF LAWS PRIN-
    CIPLES. The Superior Court of Santa Clara County and/or the United States District
    Court for the Northern District of California shall have jurisdiction and venue over all
    controversies in connection herewith. 
    						
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