HP LaserJet M700 Warranty and Legal Guide - Page 24

Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S.

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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. 11. 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. 12. 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 Product 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. 13. 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. 14. APPLICABLE LAW. This EULA is governed by the laws of the State of California, U.S.A. 15. ENTIRE AGREEMENT. Unless you have entered into a separate license agreement for the Software Product, 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 Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product 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. 16. 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 reasonably foreseeable loss or damage. You are also entitled to have the Software repaired or replaced if it is not of acceptable quality and the failure does not amount to a major failure b. nothing in this EULA excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited; and c. the benefits provided to you by the express warranties in this EULA are in addition to other rights and remedies available to you under the Australian Consumer Law. Your rights under the Australian Consumer Law prevail to the extent that they are inconsistent with any limitations contained in the express warranty. The Software may be capable of retaining user-generated data. HP hereby provides you with notice that if HP repairs your Software, that repair may result in the loss of that data. To the full extent permitted by law, the limitations and exclusions of HP's liability in this EULA apply in respect of any such loss of data. If you think that you are entitled to any warranty under this agreement or any of the above remedies, please contact HP: 16 Chapter 1 Service and support ENWW

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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.
11.
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.
12.
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 Product 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.
13.
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.
14.
APPLICABLE LAW
. This EULA is governed by the laws of the State of California, U.S.A.
15.
ENTIRE AGREEMENT
. Unless you have entered into a separate license agreement for the Software Product,
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 Product and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations with respect to the
Software Product 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.
16.
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
reasonably foreseeable loss or damage. You are also entitled to have the Software repaired or
replaced if it is not of acceptable quality and the failure does not amount to a major failure
b.
nothing in this EULA excludes, restricts or
modifies
any right or remedy, or any guarantee, warranty or
other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully
excluded or limited; and
c.
the
benefits
provided to you by the express warranties in this EULA are in addition to other rights and
remedies available to you under the Australian Consumer Law. Your rights under the Australian
Consumer Law prevail to the extent that they are inconsistent with any limitations contained in the
express warranty.
The Software may be capable of retaining user-generated data. HP hereby provides you with notice
that if HP repairs your Software, that repair may result in the loss of that data. To the full extent
permitted by law, the limitations and exclusions of HP’s liability in this EULA apply in respect of any
such loss of data.
If you think that you are entitled to any warranty under this agreement or any of the above remedies,
please contact HP:
16
Chapter 1
Service and support
ENWW