HPjmeter 4.3 User's Guide

installation by HP more than thirty (30) days after delivery, the warranty period begins on the 31st day after delivery. This limited
warranty is subject to the terms, limitations, and exclusions contained in the limited warranty statement provide for Software in the
country where the Software is located when the warranty claim is made.
b. HP warrants that any physical media containing HP Branded Software will be shipped free of viruses.
c. HP does not warrant that the operation of Software will be uninterrupted or error free, or that Software will operate in hardware and
Software combinations other than as expressly required by HP in the Specifications or that Software will meet requirements specified
by You.
d. HP is not obligated to provide warranty services or support for any claims resulting from:
1) improper site preparation, or site or environmental conditions that do not conform to HP’s site specifications;
2) Your non-compliance with Specifications;
3) improper or inadequate maintenance or calibration;
4) Your or third-party media, software, interfacing, supplies, or other products;
5) modifications not performed or authorized by HP;
6) virus, infection, worm or similar malicious code not introduced by HP; or
7) abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by You, or
other causes beyond HP’s control.
e. HP provides third-party products, software, and services that are not HP Branded “AS IS” without warranties of any kind, although the
original manufacturers or third party suppliers of such products, software and services may provide their own warranties.
f. If notified of a valid warranty claim during the warranty period, HP will, at its option, correct the warranty defect for HP Branded
Software, or replace such Software. If HP is unable, within a reasonable time, to complete the correction, or replace such Software,
You will be entitled to a refund of the purchase price paid upon prompt return of such Software to HP. You will pay expenses for return
of such Software to HP. HP will pay expenses for shipment of repaired or replacement Software to You. This section 3.(ii) f states HP's
entire liability for warranty claims.
g. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY WARRANTED IN SECTION 3.(ii) a and b
ABOVE, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE “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. 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.
4. INTELLECTUAL PROPERTY INFRINGEMENT FOR SOFTWARE PROVIDED FOR A LICENSE FEE:
a. In the event Software was provided to You for a License Fee, HP will defend or settle any claim against You alleging that HP Branded
Software products provided under this Agreement infringes intellectual property rights in the country where they were sold, if You:
1) promptly notify HP of the claim in writing;
2) cooperate with HP in the defense of the claim; and
3) grant HP sole control of the defense or settlement of the claim. HP will pay infringement claim defense costs, HP–negotiated
settlement amounts, and court-awarded damages.
b. If such a claim appears likely, then HP may modify the HP Branded Software products, procure any necessary license, or replace the
affected item with one that is at least functionally equivalent. If HP determines that none of these alternatives is reasonably available,
then HP will issue You a refund equal to the purchase price paid for the affected item if within one year of delivery, or Your net book
value thereafter.
c. HP has no obligation for any claim of infringement arising from:
1) HP’s compliance with Your or third party designs, specifications, instructions, or technical information;
2) modifications made by You or a third party;
3) Your non-compliance with the Specifications or the documentation described in section 2. a above; or
4) Your use with products, software, or services that are not HP Branded.
d. This section 4 states HP's entire liability for claims of intellectual property infringement for Software provided for a license fee.