HP LaserJet Pro MFP 4101-4104dw User Guide 1 - Page 180

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

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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 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 End User License Agreement 169

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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
HPOR 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
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
End User License Agreement
169