HP CQ1200 HP Limited Warranty and Support Guide - Page 11

APPLICABLE LAW. This EULA is governed by the laws of the State of California, U.S.A.

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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. 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/regions ("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. 11

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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.
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/regions (“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.