HP Latex 820 Legal information - Page 19

Warranties And Are In Lieu Of All Other Warranties, Whether Express Or

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Software for the benefit of a third party; (v) use of the Licensed Software by any party other than You; (vi) use of a later version of the Licensed Software other than the version that accompanies this License Agreement unless You have separately acquired the right to use such later version through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above the quantity and Use Level that have been licensed to You under this License Agreement or the applicable License Instrument. 4. OWNERSHIP/TITLE. The Licensed Software is the proprietary property of Symantec or its licensors and is protected by copyright law. Symantec and its licensors retain any and all rights, title and interest in and to the Licensed Software, including in all copies, improvements, enhancements, modifications and derivative works of the Licensed Software. Your rights to use the Licensed Software shall be limited to those expressly granted in this License Agreement. All rights not expressly granted to You are retained by Symantec and/or its licensors. 5. CONTENT UPDATES. If You purchase a Symantec maintenance/support offering consisting of or including Content Updates, as indicated on Your Support Certificate, You are granted the right to use, as part of the Licensed Software, such Content Updates as and when they are made generally available to Symantec's end user customers who have purchased such maintenance/support offering and for such period of time as indicated on the face of the applicable Support Certificate. This License Agreement does not otherwise permit You to obtain and use Content Updates. 6. UPGRADES/CROSS-GRADES. Symantec reserves the right to require that any upgrades (if any) of the Licensed Software may only be obtained in a quantity equal to the number indicated on the applicable License Instrument. An upgrade to an existing license shall not be deemed to increase the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed Software license, or purchase a Licensed Software license listed on the applicable License Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to a new operating system, hardware tier or licensing meter), then Symantec issues the applicable Licensed Instrument based on the understanding that You agree to cease using the original license. Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the time of order. This License Agreement does not separately license You for additional licenses beyond those which You have purchased, and which have been authorized by Symantec as indicated on the applicable License Instrument. 7. LIMITED WARRANTY. 7.1. MEDIA WARRANTY. If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC'S BREACH OF THIS WARRANTY. 7.2. PERFORMANCE WARRANTY. Symantec warrants that the Licensed Software, as delivered by Symantec and when used in accordance with the Documentation, will substantially conform to the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does not comply with this warranty and such non-compliance is reported by You to Symantec within the ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec's reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software with software of substantially the same functionality, or (iii) terminate this License Agreement and refund the relevant license fees paid for such non-compliant Licensed Software. The above warranty specifically excludes defects resulting from accident, abuse, unauthorized repair, modifications or enhancements, or misapplication. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC'S BREACH OF THIS WARRANTY. 8. WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ENWW 15

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Software for the benefit of a third party; (v) use of the Licensed Software by any party other than
You; (vi) use of a later version of the Licensed Software other than the version that accompanies
this License Agreement unless You have separately acquired the right to use such later version
through a License Instrument or Support Certificate; nor (vii) use of the Licensed Software above
the quantity and Use Level that have been licensed to You under this License Agreement or the
applicable License Instrument.
4.
OWNERSHIP/TITLE.
The Licensed Software is the proprietary property of Symantec or its
licensors and is protected by copyright law. Symantec and its licensors retain any and all rights,
title and interest in and to the Licensed Software, including in all copies, improvements,
enhancements, modifications and derivative works of the Licensed Software. Your rights to use
the Licensed Software shall be limited to those expressly granted in this License Agreement. All
rights not expressly granted to You are retained by Symantec and/or its licensors.
5.
CONTENT UPDATES.
If You purchase a Symantec maintenance/support offering consisting of or
including Content Updates, as indicated on Your Support Certificate, You are granted the right to
use, as part of the Licensed Software, such Content Updates as and when they are made generally
available to Symantec’s end user customers who have purchased such maintenance/support
offering and for such period of time as indicated on the face of the applicable Support Certificate.
This License Agreement does not otherwise permit You to obtain and use Content Updates.
6.
UPGRADES/CROSS-GRADES.
Symantec reserves the right to require that any upgrades (if any)
of the Licensed Software may only be obtained in a quantity equal to the number indicated on the
applicable License Instrument. An upgrade to an existing license shall not be deemed to increase
the number of licenses which You are authorized to use. Additionally, if You upgrade a Licensed
Software license, or purchase a Licensed Software license listed on the applicable License
Instrument to cross-grade an existing license (i.e. to increase its functionality, and/or transfer it to
a new operating system, hardware tier or licensing meter), then Symantec issues the applicable
Licensed Instrument based on the understanding that You agree to cease using the original license.
Any such license upgrade or cross-grade is provided under Symantec's policies in effect at the
time of order. This License Agreement does not separately license You for additional licenses
beyond those which You have purchased, and which have been authorized by Symantec as
indicated on the applicable License Instrument.
7.
LIMITED WARRANTY.
7.1.
MEDIA WARRANTY.
If Symantec provides the Licensed Software to You on tangible media,
Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not
be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace
any defective media returned to Symantec within the warranty period at no charge to You. The
above warranty is inapplicable in the event the Licensed Software media becomes defective due
to unauthorized use of the Licensed Software.
THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
7.2.
PERFORMANCE WARRANTY.
Symantec warrants that the Licensed Software, as delivered
by Symantec and when used in accordance with the Documentation, will substantially conform to
the Documentation for a period of ninety (90) days from delivery. If the Licensed Software does
not comply with this warranty and such non-compliance is reported by You to Symantec within the
ninety (90) day warranty period, Symantec will do one of the following, selected at Symantec’s
reasonable discretion: either (i) repair the Licensed Software, (ii) replace the Licensed Software
with software of substantially the same functionality, or (iii) terminate this License Agreement and
refund the relevant license fees paid for such non-compliant Licensed Software. The above
warranty specifically excludes defects resulting from accident, abuse, unauthorized repair,
modifications or enhancements, or misapplication.
THE FOREGOING IS YOUR SOLE AND
EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.
8.
WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE WARRANTIES SET FORTH IN SECTIONS 7.1 AND 7.2 ARE YOUR EXCLUSIVE
WARRANTIES AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
ENWW
15