HP LH4r HP Netserver LD Pro User Guide - Page 58

Customer Responsibilities

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Chapter 9 Warranty and Software License This warranty gives you specific legal rights. You may also have other rights that vary from state to state or province to province. 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. Customer will indemnify and hold HP harmless from all loss, damage, expense or liability in connection with such use. To the extent HP is held legally liable to Customer, HP's liability is limited to: 1. damages for bodily injury; and 2. direct damages to tangible property up to a limit of $100,000 or the purchase price of the specific product that caused such damage. The remedies in these HP Terms and Conditions of Sale and Service are Customer's sole and exclusive remedies. Customer Responsibilities Customer is responsible for the following: 1. where applicable, before service is provided-- a. having the HP NetServer's system administrator available for consultation with HP or Reseller; 52

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Chapter 9
Warranty and Software License
52
This warranty gives you specific legal rights.
You may also have other rights
that vary from state to state or province to province.
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.
Customer will
indemnify and hold HP harmless from all loss, damage, expense or liability in
connection with such use.
To the extent HP is held legally liable to Customer, HP's liability is limited to:
1.
damages for bodily injury; and
2.
direct damages to tangible property up to a limit of $100,000 or the
purchase price of the specific product that caused such damage.
The remedies in these HP Terms and Conditions of Sale and Service are
Customer's sole and exclusive remedies.
Customer Responsibilities
Customer is responsible for the following:
1.
where applicable, before service is provided--
a.
having the HP NetServer's system administrator available for
consultation with HP or Reseller;