HP Designjet T520 HP Designjet T120 and T520 ePrinter Series - Legal Informati - Page 6

Inability To Use The Software, Even If Hp Or Any Supplier Has Been Advised Of - support

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3. UPGRADES. To Use HP Software provided by HP as an upgrade, update, or supplement (collectively "Upgrade"), you must first be licensed for the original HP Software identified by HP as eligible for the Upgrade. To the extent the Upgrade supersedes the original HP Software, you may no longer use such HP Software. This EULA applies to each Upgrade unless HP provides other terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other terms will prevail. 4. TRANSFER. a. Third Party Transfer. The initial end user of the HP Software may make a one-time transfer of the HP Software to another end user. Any transfer will include all component parts, media, User Documentation, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Software will agree to this EULA. Upon transfer of the HP Software, your license is automatically terminated. b. Restrictions. You may not rent, lease or lend the HP Software or Use the HP Software for commercial timesharing or bureau use. You may not sublicense, assign or otherwise transfer the HP Software except as expressly provided in this EULA. 5. PROPRIETARY RIGHTS. All intellectual property rights in the Software and User Documentation are owned by HP or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software. 6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the HP Software, except and only to the extent that the right to do so is allowed under applicable law. 7. CONSENT TO USE OF DATA. HP and its affiliates may collect and use technical information you provide in relation to (i) your Use of the Software or the HP Product, or (ii) the provision of support services related to the Software or the HP Product. All such information will be subject to HP's privacy policy. HP will not use such information in a form that personally identifies you except to the extent necessary to enhance your Use or provide support services. 8. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of HP and its suppliers under this EULA and your exclusive remedy under this EULA will be limited to the greater of the amount actually paid by you for the Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 9. U.S. GOVERNMENT CUSTOMERS. If you are a U.S. Government entity, then consistent with FAR 12.211 and FAR 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed under the applicable HP commercial license agreement. 2 Chapter 1 Hewlett-Packard Software License Agreement ENWW

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3.
UPGRADES. To Use HP Software provided by HP as an upgrade, update, or supplement
(collectively “Upgrade”), you must first be licensed for the original HP Software identified by HP as
eligible for the Upgrade. To the extent the Upgrade supersedes the original HP Software, you may
no longer use such HP Software. This EULA applies to each Upgrade unless HP provides other
terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other
terms will prevail.
4.
TRANSFER.
a.
Third Party Transfer. The initial end user of the HP Software may make a one-time transfer of
the HP Software to another end user. Any transfer will include all component parts, media,
User Documentation, this EULA, and if applicable, the Certificate of Authenticity. The transfer
may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user
receiving the transferred Software will agree to this EULA. Upon transfer of the HP Software,
your license is automatically terminated.
b.
Restrictions. You may not rent, lease or lend the HP Software or Use the HP Software for
commercial timesharing or bureau use. You may not sublicense, assign or otherwise transfer
the HP Software except as expressly provided in this EULA.
5.
PROPRIETARY RIGHTS. All intellectual property rights in the Software and User Documentation are
owned by HP or its suppliers and are protected by law, including applicable copyright, trade
secret, patent, and trademark laws. You will not remove any product identification, copyright
notice, or proprietary restriction from the Software.
6.
LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or
disassemble the HP Software, except and only to the extent that the right to do so is allowed under
applicable law.
7.
CONSENT TO USE OF DATA. HP and its affiliates may collect and use technical information you
provide in relation to (i) your Use of the Software or the HP Product, or (ii) the provision of support
services related to the Software or the HP Product. All such information will be subject to HP’s
privacy policy. HP will not use such information in a form that personally identifies you except to
the extent necessary to enhance your Use or provide support services.
8.
LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability
of HP and its suppliers under this EULA and your exclusive remedy under this EULA will be limited
to the greater of the amount actually paid by you for the Product or U.S. $5.00. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HP OR ITS SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION,
PERSONAL INJURY, OR LOSS OF PRIVACY) RELATED IN ANY WAY TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. Some states or other jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation or exclusion may not apply to you.
9.
U.S. GOVERNMENT CUSTOMERS. If you are a U.S. Government entity, then consistent with FAR
12.211 and FAR 12.212, Commercial Computer Software, Computer Software Documentation,
and Technical Data for Commercial Items are licensed under the applicable HP commercial
license agreement.
2
Chapter 1
Hewlett-Packard Software License Agreement
ENWW