DISCONTINUED SOFTWARE PRODUCTS Sample Clauses

DISCONTINUED SOFTWARE PRODUCTS. 3Com may discontinue software Products at any time on sixty (60) days' written notice of their discontinuance or their removal from the 3Com Price List. 3Com will give thirty (30) days' notice of the First Customer Shipment ("FCS") of any new software version. Orders for the old version placed prior to FCS will be filled for sixty (60) days after FCS. Old software versions may be exchanged for the same number of units of the replacement versions if all of the following conditions are met: (a) the old version was shipped to Reseller within ninety (90) days prior to the FCS of the new version; (b) the old version is new, unused and in -factory-sealed boxes; (c) the discontinued Products are in Reseller's stock on the date of the notice; (d) the exchange takes place within one hundred eighty (180) days of the effective date of the discontinuation; (e) a non-cancellable order for an equal or greater quantity of the new version is submitted at the time of the exchange; and (f) Reseller bears all shipping charges in connection with the exchange and follows 3Com's instructions for disposal or return of the old version. If the new software Product has a different price than the discontinued Product, Reseller will be invoiced or credited with the price difference, less the applicable discount. Within seven (7) days after discontinuation notice, Reseller may cancel all backlogged orders for the discontinued Product without penalty. If a software Product is discontinued and not replaced with a new version, the discontinued version shipped to Reseller within ninety (90) days prior to notice of discontinuation may be returned to 3Com for up to one hundred eighty (180) days after the effective date of the discontinuation, provided that: (a) the software to be returned is new, unused and in factory-sealed boxes; (b) the Products are in Reseller's stock on the date of the notice; and (c) Reseller bears all shipping and other charges in connection with the return. A credit for returned software Products will be issued in the amount of the lesser of (i) current list price less current discount, or (ii) the price invoiced to and actually paid by Reseller.
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Related to DISCONTINUED SOFTWARE PRODUCTS

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