HP LaserJet Enterprise M610 Warranty and Legal Guide - Page 24

Arising Out Of Or In Any Way Related To The Use Of Or Inability To Use The Software, Or

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ACCESSORIES; AND (v), OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE. 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. 11. LIMITATION OF LIABILITY. Subject to local law, 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 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, OR FOR LOSS OF PRIVACY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, 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. 12. 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. 13. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software 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. 14. 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. 15. APPLICABLE LAW. This EULA is governed by the laws of the State of California, U.S.A. 16. ENTIRE AGREEMENT. Unless you have entered into a separate license agreement for the Software, this EULA (including any addendum or amendment to this EULA which is included with the HP Product) is the entire agreement between you and HP relating to the Software and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any HP policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. 17. CONSUMER RIGHTS. Consumers in some countries, states or territories may have the benefit of certain statutory rights and remedies under consumer legislation in respect of which HP's liability cannot lawfully be excluded or limited. If you acquired the Software as a consumer within the meaning of relevant consumer legislation in your country, state or territory, the provisions of this EULA (including the disclaimers of warranties, limitations and exclusions of liability) must be read subject to applicable law and apply only to the maximum extent permitted by that applicable law. Australian Consumers: If you acquired the Software as a consumer within the meaning of the 'Australian Consumer Law' under the Australian Competition and Consumer Act 2010 (Cth) then despite any other provision of this EULA: a. the Software comes with guarantees that cannot be excluded under the Australian Consumer Law, including that goods will be of acceptable quality and services will be supplied with due care and skill. You are entitled to a replacement or refund for a major failure and compensation for any other 16 Chapter 1 Service and support ENWW

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ACCESSORIES; AND (v), OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE. 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.
11.
LIMITATION OF LIABILITY
. Subject to local law, 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
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, OR FOR LOSS OF PRIVACY)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, 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.
12.
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.
13.
COMPLIANCE WITH EXPORT LAWS
. You shall comply with all laws and regulations of the United States and
other countries ("Export Laws") to assure that the Software 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.
14.
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.
15.
APPLICABLE LAW
. This EULA is governed by the laws of the State of California, U.S.A.
16.
ENTIRE AGREEMENT
. Unless you have entered into a separate license agreement for the Software, this
EULA (including any addendum or amendment to this EULA which is included with the HP Product) is the
entire agreement between you and HP relating to the Software and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the extent the terms of any HP policies or
programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
17.
CONSUMER RIGHTS
. Consumers in some countries, states or territories may have the benefit of certain
statutory rights and remedies under consumer legislation in respect of which HP’s liability cannot lawfully
be excluded or limited. If you acquired the Software as a consumer within the meaning of relevant
consumer legislation in your country, state or territory, the provisions of this EULA (including the disclaimers
of warranties, limitations and exclusions of liability) must be read subject to applicable law and apply only
to the maximum extent permitted by that applicable law.
Australian Consumers
: If you acquired the Software as a consumer within the meaning of the ‘Australian
Consumer Law’ under the Australian Competition and Consumer Act 2010 (Cth) then despite any other
provision of this EULA:
a.
the Software comes with guarantees that cannot be excluded under the Australian Consumer Law,
including that goods will be of acceptable quality and services will be supplied with due care and skill.
You are entitled to a replacement or refund for a major failure and compensation for any other
16
Chapter 1
Service and support
ENWW