HP LH4r HP Netserver LC 3 User Guide - Page 82

Limitation of Liability and Remedies

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Appendix C Warranty and Software License Limitation of Liability and Remedies In no event will HP or its affiliates, subcontractors, or suppliers be liable for any of the following: 1. Damages for loss of data, or software restoration; 2. Damages relating to Customer's procurement of substitute products or services (i.e., "cost of cover"); 3. Incidental, special, or consequential damages (including lost profits, loss of use, Customer downtime, cost of data recovery/re-creation), even if HP is informed of their possibility; 4. Third-party claims against Customer for losses or damages. HP NetServers are not specifically designed, manufactured or intended for sale as parts, components or assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility. Customer is solely liable if Products or Support purchased by Customer are used for these applications. HP will be liable for damage to tangible property per incident up to the greater of $300,000 or the actual amount paid for the product that is the subject of the claim, and for damages for bodily injury or death, to the extent that all such damages are determined by a court of competent jurisdiction to have been directly caused by a defective HP product. TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS WARRANTY STATEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. Some countries, states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. THE WARRANTY TERMS CONTAINED HERE, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT OR MODIFY AND ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS PRODUCT TO YOU. 76

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Appendix C
Warranty and Software License
76
Limitation of Liability and Remedies
In no event will HP or its affiliates, subcontractors, or suppliers be liable for any
of the following:
1.
Damages for loss of data, or software restoration;
2.
Damages relating to Customer's procurement of substitute products or
services (i.e., "cost of cover");
3.
Incidental, special, or consequential damages (including lost profits, loss
of use, Customer downtime, cost of data recovery/re-creation), even if HP
is informed of their possibility;
4.
Third-party claims against Customer for losses or damages.
HP NetServers are not specifically designed, manufactured or intended for sale as
parts, components or assemblies for the planning, construction, maintenance, or
direct operation of a nuclear facility. Customer is solely liable if Products or
Support purchased by Customer are used for these applications.
HP will be liable for damage to tangible property per incident up to the greater of
$300,000 or the actual amount paid for the product that is the subject of the
claim, and for damages for bodily injury or death, to the extent that all such
damages are determined by a court of competent jurisdiction to have been directly
caused by a defective HP product.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN
THIS WARRANTY STATEMENT ARE CUSTOMER'S SOLE AND
EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO
EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF
DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE,
WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.
Some countries, states or provinces do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion
may not apply to you.
THE WARRANTY TERMS CONTAINED HERE, EXCEPT TO THE
EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT
OR MODIFY AND ARE IN ADDITION TO THE MANDATORY
STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS
PRODUCT TO YOU.