HP LH4r HP Netserver LH 3/3r User Guide - Page 120

Limitation of Liability and Remedies

Get HP LH4r - NetServer - 256 MB RAM PDF manuals and user guides View all HP LH4r manuals
Add to My Manuals
Save this manual to your list of manuals

Page 120 highlights

Chapter 15 Warranty and Software License TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED AND HP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. 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. 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. 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. 112

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
Chapter 15
Warranty and Software License
112
TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE
WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY OR
CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR
IMPLIED AND HP SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR
PURPOSE.
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.
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.
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.