HP Pavilion a6000 Limited Warranty and Support Guide (Refurbished Desktops) - Page 8

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b. Restrictions. You may not rent, lease or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Software Product except as expressly provided in this EULA. 5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by HP or its suppliers and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Product. 6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly provided for in this EULA. 7. TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA. 8. CONSENT TO USE OF DATA. You agree that HP and its affiliates may collect and use technical information you provide in relation to support services related to the 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 NONINFRINGEMENT, 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. 8 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 HP 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. Rev. 10/03

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8
b.
Restrictions. You may not rent, lease or lend the
Software Product or use the Software Product for
commercial timesharing or bureau use. You may not
sublicense, assign or transfer the license or Software
Product except as expressly provided in this EULA.
5.
PROPRIETARY RIGHTS. All intellectual property rights
in the Software Product and user documentation are
owned by HP or its suppliers and are protected by law,
including but not limited to United States copyright, trade
secret, and trademark law, as well as other applicable
laws and international treaty provisions. You shall not
remove any product identification, copyright notices or
proprietary restrictions from the Software Product.
6.
LIMITATION ON REVERSE ENGINEERING. You may
not reverse engineer, decompile, or disassemble the
Software Product, except and only to the extent that the
right to do so is mandated under applicable law
notwithstanding this limitation or it is expressly provided
for in this EULA.
7.
TERM. This EULA is effective unless terminated or
rejected. This EULA will also terminate upon conditions set
forth elsewhere in this EULA or if you fail to comply with
any term or condition of this EULA.
8.
CONSENT TO USE OF DATA. You agree that HP and
its affiliates may collect and use technical information you
provide in relation to support services related to the
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 HP 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.
Rev. 10/03