HP xw4400 Workstation - Manual (Page 153)

License and Support
145
Software Product. HP agrees not to use this information in a form that personally
identifies you except to the extent necessary to provide such services.
9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT “AS
IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED
WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE
SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of implied
warranties or limitations on the duration of implied warranties, so the above
disclaimer may not apply to you in its entirety.
10. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur,
the entire liability of HP and any of its suppliers under any provision of this EULA and
your exclusive remedy for all of the foregoing shall be limited to the greater of the
amount actually paid by you separately for the Software Product or U.S. $5.00. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HP OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF
THIS EULA, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
11. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211 and 12.212,
Commercial Computer Software, Computer Software Documentation, and Technical
Data for Commercial Items are licensed to the U.S. Government under HP's standard
commercial license.
12. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and
regulations of the United States and other countries ("Export Laws") to assure that
the Software Product is not (1) exported, directly or indirectly, in violation of Export
Laws, or (2) used for any purpose prohibited by Export Laws, including, without
limitation, nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the
legal age of majority in your state of residence and, if applicable, you are duly
authorized by your employer to enter into this contract.
14. APPLICABLE LAW. This EULA is governed by the laws of the State of California,
U.S.A.
15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this
EULA which is included with the Product) is the entire agreement between you and
HP relating to the Software Product and it supersedes all prior or contemporaneous
oral or written communications, proposals and representations with respect to the
Software Product or any other subject matter covered by this EULA. To the extent
the terms of any HP policies or programs for support services conflict with the terms
of this EULA, the terms of this EULA shall control.