HP ScanJet Enterprise Flow N6600 Warranty and Legal Guide - Page 18

Arising Out Of Or In Any Way Related To The Use Of Or Inability To Use The Software, Or

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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. ACCOUNT SET-UP. a. You must register and establish an account on HP ID in order to use the Software. It is your responsibility to obtain and maintain all equipment, services and software needed for access to and use of the HP ID account, any applications linked via this Software, and your device(s), as well as paying any applicable charges. b. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY USERNAMES AND PASSWORDS COLLECTED BY THE SOFTWARE. You must notify HP immediately of any unauthorized use of your HP ID account or any other breach of security related to this Software or the device(s) it is installed on. 9. NOTICE OF DATA COLLECTION. HP may collect usernames, passwords, device IP addresses, and/or other authentication information used by you to access HP ID and the various applications connected via this Software. HP may use this data to optimize Software performance based on user preferences, provide support and maintenance, and assure security and software integrity. You can read more about the data collection in the sections titled "What Data We Collect" and "How We Use Data" in the HP Privacy Statement. 10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, DUTIES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES: (i) OF TITLE AND NON-INFRINGEMENT; (ii) OF MERCHANTABILITY; (iii) OF FITNESS FOR A PARTICULAR PURPOSE; (iv) THAT THE SOFTWARE WILL FUNCTION WITH NON-HP SUPPLIES OR ACCESSORIES; AND (v), OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE. 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. 11. LIMITATION OF LIABILITY. Subject to local law, 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 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, OR FOR LOSS OF PRIVACY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, 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. 12. 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. 13. 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 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. 14. 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. 15. APPLICABLE LAW. This EULA is governed by the laws of the State of California, U.S.A. 12 Chapter 1 Service and support

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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.
ACCOUNT SET-UP
.
a.
You must register and establish an account on HP ID in order to use the Software. It is your responsibility
to obtain and maintain all equipment, services and software needed for access to and use of the HP ID
account, any applications linked via this Software, and your device(s), as well as paying any applicable
charges.
b.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY
USERNAMES AND PASSWORDS COLLECTED BY THE SOFTWARE. You must notify HP immediately of
any unauthorized use of your HP ID account or any other breach of security related to this Software or
the device(s) it is installed on.
9.
NOTICE OF DATA COLLECTION.
HP may collect usernames, passwords, device IP addresses, and/or other
authentication information used by you to access HP ID and the various applications connected via this
Software. HP may use this data to optimize Software performance based on user preferences, provide
support and maintenance, and assure security and software integrity. You can read more about the data
collection in the sections titled “What Data We Collect” and “How We Use Data” in the
HP Privacy Statement
.
10.
DISCLAIMER OF WARRANTIES
. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS
SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER
WARRANTIES, DUTIES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES: (i) OF TITLE AND NON-INFRINGEMENT; (ii) OF MERCHANTABILITY; (iii) OF
FITNESS FOR A PARTICULAR PURPOSE; (iv) THAT THE SOFTWARE WILL FUNCTION WITH NON-HP SUPPLIES
OR ACCESSORIES; AND (v), OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE. 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.
11.
LIMITATION OF LIABILITY
. Subject to local law, 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 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, OR FOR LOSS OF PRIVACY)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, 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.
12.
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.
13.
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 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.
14.
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.
15.
APPLICABLE LAW
. This EULA is governed by the laws of the State of California, U.S.A.
12
Chapter 1
Service and support