HP OmniGo 100 End User License Agreement - Page 3

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Software Product. HP agrees not to use this information in a form that personally identifies you except to the extent necessary to provide such services. 9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. 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. 10. LIMITATION OF LIABILITY. 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 Product 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, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, 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. 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.

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Software Product.
HP agrees not to
use this information in a form that
personally identifies you except to the
extent necessary to provide such
services.
9. DISCLAIMER OF
WARRANTIES.
TO THE
MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, HP AND
ITS SUPPLIERS PROVIDE THE
SOFTWARE PRODUCT “AS IS”
AND WITH ALL FAULTS, AND
HEREBY DISCLAIM ALL OTHER
WARRANTIES AND
CONDITIONS, EITHER EXPRESS,
IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE AND
NON-INFRINGEMENT, ANY
IMPLIED WARRANTIES, DUTIES
OR CONDITIONS OF
MERCHANTABILITY, OF
FITNESS FOR A PARTICULAR
PURPOSE, AND OF LACK OF
VIRUSES ALL WITH REGARD TO
THE SOFTWARE PRODUCT.
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.
10. LIMITATION OF LIABILITY.
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
Product 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, FOR LOSS
OF PRIVACY ARISING OUT OF
OR IN ANY WAY RELATED TO
THE USE OF OR INABILITY TO
USE THE SOFTWARE PRODUCT,
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.
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.