HP Tc4100 Warranty and Support for Your HP Server - Page 17
Limitation of Warranty
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Limitation of Warranty HP does not warrant uninterrupted or error-free operation of an HP Server/HP Netserver. If the customer transfers an HP Server/HP Netserver to another user, warranty service is available to that user for the remainder of the warranty period. Consumables, such as batteries, have no warranty. The above warranties will not apply to products from which serial numbers have been removed or to defects resulting from misuse (including operation of HP Servers without covers and incorrect input voltage), unauthorized modification, operation or storage outside the environmental specifications for the product, in-transit damage, improper maintenance, or defects resulting from use of third-party software, accessories, media, supplies, consumables, or such items not designed for use with the product. The HP Software Product Limited Warranty does not apply to software used with products not covered by any of the HP limited warranties offered as part of your purchase of an HP Server product. TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED AND HP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. Some Countries, states or provinces do not allow limitations on the duration of an implied warranty, so the above limitation or exclusion might not apply to you. The warranty gives you specific legal rights and you might also have other rights that vary from country to country, state to state or province to province. Limitation of liability and Remedies. In no event will HP or its affiliates, subcontractors, or suppliers be liable for any of the following: 1. Damages for loss of data, or software restoration; 2. Damages relating to Customer's procurement of substitute products or services (i.e., "cost of cover"); 3. Incidental, special, or consequential damages (including lost profits, loss of use, Customer downtime, cost of data recovery/re-creation), even if HP is informed of their possibility; 4. Third-party claims against Customer for losses or damages. HP Servers/HP Netservers are not specifically designed, manufactured or intended for sale as parts, components or assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility. Customer is solely liable if Products or Support purchased by Customer are used for these applications. HP will be liable for damage to tangible property per incident up to the limit of U.S.$1,000,000 or the actual amount paid for the product, whichever is less, that is the subject of the claim, and for damages for bodily injury or death, to the extent that all such damages are determined by a court of competent jurisdiction to have been directly caused by a defective HP product. -17-