HP ScanJet Enterprise Flow N6600 Warranty and Legal Guide - Page 19

16. ENTIRE AGREEMENT. Unless you have entered into a separate license agreement for the Software, 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 and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software 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. 17. CONSUMER RIGHTS. Consumers in some countries, states or territories may have the benefit of certain statutory rights and remedies under consumer legislation in respect of which HP's liability cannot lawfully be excluded or limited. If you acquired the Software as a consumer within the meaning of relevant consumer legislation in your country, state or territory, the provisions of this EULA (including the disclaimers of warranties, limitations and exclusions of liability) must be read subject to applicable law and apply only to the maximum extent permitted by that applicable law. Australian Consumers: If you acquired the Software as a consumer within the meaning of the 'Australian Consumer Law' under the Australian Competition and Consumer Act 2010 (Cth) then despite any other provision of this EULA: a. the Software comes with guarantees that cannot be excluded under the Australian Consumer Law, including that goods will be of acceptable quality and services will be supplied with due care and skill. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Software repaired or replaced if it is not of acceptable quality and the failure does not amount to a major failure b. nothing in this EULA excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited; and c. the benefits provided to you by the express warranties in this EULA are in addition to other rights and remedies available to you under the Australian Consumer Law. Your rights under the Australian Consumer Law prevail to the extent that they are inconsistent with any limitations contained in the express warranty. The Software may be capable of retaining user-generated data. HP hereby provides you with notice that if HP repairs your Software, that repair may result in the loss of that data. To the full extent permitted by law, the limitations and exclusions of HP's liability in this EULA apply in respect of any such loss of data. If you think that you are entitled to any warranty under this agreement or any of the above remedies, please contact HP: HP PPS Australia Pty Ltd Building F, 1 Homebush Bay Drive Rhodes, NSW 2138 Australia To initiate a support request or warranty claim, please call 13 10 47 (within Australia) or +61 2 8278 1039 (if dialing internationally) or visit www.hp.com.au and select the "Support" tab for the most current customer service options. If you are a consumer within the meaning of the Australia Consumer Law and you are purchasing the Software or warranty and support services for the Software which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then despite any other provision of this EULA, HP limits its liability for failure to comply with a consumer guarantee as follows: End User License Agreement 13