249 lines
13 KiB
Plaintext
249 lines
13 KiB
Plaintext
End-User License Agreement
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READ CAREFULLY BEFORE USING THIS SOFTWARE
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This End-User license Agreement ("EULA") is a legal agreement
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between (a) you (either an individual or a single entity) and (b) HP Inc.
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("HP") that governs your use of any Software Product, installed on or
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made available by HP for use with your HP product ("HP Product"), that
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is not otherwise subject to a separate license agreement between you
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and HP or its suppliers. Other software may contain a EULA in its online
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documentation. The term "Software Product" means computer software
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and may include associated media, printed materials and "online" or
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electronic documentation.
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An amendment or addendum to this EULA may accompany the HP
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Product.
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RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE
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CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF
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THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR
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OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE
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BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE
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LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN THE ENTIRE
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UNUSED PRODUCT (HARDWARE AND SOFTWARE) WITHIN 14 DAYS
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FOR A REFUND SUBJECT TO THE REFUND POLICY OF YOUR PLACE OF
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PURCHASE.
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1. GRANT OF LICENSE. HP grants you the following rights provided
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you comply with all terms and conditions of this EULA:
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a. Use. You may use the Software Product on a single computer ("Your
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Computer"). If the Software Product is provided to you via the internet
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and was originally licensed for use on more than one computer, you
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may install and use the Software Product only on those computers. You
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may not separate component parts of the Software Product for use on
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more than one computer. You do not have the right to distribute the
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Software Product. You may load the Software Product into Your
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Computer's temporary memory (RAM) for purposes of using the
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Software Product.
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b. Storage. You may copy the Software Product into the local memory
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or storage device of the HP Product.
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c. Copying. You may make archival or back-up copies of the Software
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Product, provided the copy contains all of the original Software
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Product's proprietary notices and that it is used only for back-up
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purposes.
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d. Reservation of Rights. HP and its suppliers reserve all rights not
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expressly granted to you in this EULA.
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e. Freeware. Notwithstanding the terms and conditions of this EULA, all
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or any portion of the Software Product which constitutes non-
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proprietary HP software or software provided under public license by
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third parties ("Freeware"), is licensed to you subject to the terms and
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conditions of the software license agreement accompanying such
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Freeware whether in the form of a discrete agreement, shrink wrap
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license or electronic license terms accepted at time of download. Use of
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the Freeware by you shall be governed entirely by the terms and
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conditions of such license.
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f. Recovery Solution. Any software recovery solution provided with/for
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your HP Product, whether in the form of a hard disk drive-based
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solution, an external media-based recovery solution (e.g. floppy disk,
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CD or DVD) or an equivalent solution delivered in any other form, may
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only be used for restoring the hard disk of the HP Product with/for
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which the recovery solution was originally purchased. The use of any
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Microsoft operating system software contained in such recovery
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solution shall be governed by the Microsoft License Agreement.
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2. UPGRADES. To use a Software Product identified as an upgrade,
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you must first be licensed for the original Software Product identified
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by HP as eligible for the upgrade. After upgrading, you may no longer
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use the original Software Product that formed the basis for your
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upgrade eligibility. By using the Software Product, you also agree that
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HP may automatically access your HP Product when connected to the
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internet to check the version or status of certain Software Products and
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may automatically download and install upgrades or updates to such
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Software Products on to your HP Product to provide new versions or
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updates required to maintain the functionality, performance, or security
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of the HP Software and your HP Product and facilitate the provision of
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support or other services provided to you. In certain cases, and
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depending on the type of upgrade or update, notifications will be
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provided to you (via pop-up or other means), which may require you to
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initiate the upgrade or update.
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3. ADDITIONAL SOFTWARE. This EULA applies to updates or
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supplements to the original Software Product provided by HP unless
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HP provides other terms along with the update or supplement. In case
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of a conflict between such terms, the other terms will prevail.
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4. TRANSFER.
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a. Third Party. The initial user of the Software Product may make a
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one-time transfer of the Software Product to another end user. Any
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transfer must include all component parts, media, printed materials,
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this EULA, and if applicable, the Certificate of Authenticity. The transfer
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may not be an indirect transfer, such as a consignment. Prior to the
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transfer, the end user receiving the transferred product must agree to
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all the EULA terms. Upon transfer of the Software Product, your license
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is automatically terminated.
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b. Restrictions. You may not rent, lease or lend the Software Product or
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use the Software Product for commercial timesharing or bureau use.
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You may not sublicense, assign or transfer the license or Software
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Product except as expressly provided in this EULA.
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5. PROPRIETARY RIGHTS. All intellectual property rights in the
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Software Product and user documentation are owned by HP or its
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suppliers and are protected by law, including but not limited to United
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States copyright, trade secret, and trademark law, as well as other
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applicable laws and international treaty provisions. You shall not
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remove any product identification, copyright notices or proprietary
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restrictions from the Software Product.
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6. LIMITATION ON REVERSE ENGINEERING. You may not reverse
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engineer, decompile, or disassemble the Software Product, except and
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only to the extent that the right to do so is mandated under applicable
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law notwithstanding this limitation or it is expressly provided for in this
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EULA.
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7. TERM. This EULA is effective unless terminated or rejected. This
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EULA will also terminate upon conditions set forth elsewhere in this
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EULA or if you fail to comply with any term or condition of this EULA.
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8. CONSENT TO COLLECTION/USE OF DATA.
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a. HP will use cookies and other web technology tools to collect
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anonymous technical information related to HP Software and your HP
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Product. This data will be used to provide the upgrades and related
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support or other services described in Section 2. HP will also collect
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personal information including your Internet Protocol address or other
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unique identifier information associated with your HP Product and data
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provided by you on registration of your HP Product. As well as
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providing the upgrades and related support or other services, this data
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will be used for sending marketing communications to you (in each
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case with your express consent where required by applicable law).
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To the extent permitted by applicable law, by accepting these terms
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and conditions you consent to the collection and use of anonymous
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and personal data by HP, its subsidiaries, and affiliates as described in
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this EULA and as further described in HP<48>s privacy policy
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www.hp.com/go/privacy
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b. Collection/Use by Third Parties. Certain software programs included
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in your HP Product are provided and separately licensed to you by third
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party providers (<28>Third Party Software<72>). Third Party Software may be
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installed and operational on your HP Product even if you choose not to
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activate/purchase such software. Third Party Software may collect and
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transmit technical information about your system (i.e., IP address,
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unique device identifier, software version installed, etc.) and other
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system data. This information is used by the third party to identify
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technical system attributes and ensure that the most current version of
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the software has been installed on your system. If you do not want the
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Third Party Software to collect this technical information or
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automatically send you version updates, you should uninstall the
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software prior to connecting to the Internet.
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9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE
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SOFTWARE PRODUCT <20>AS IS<49> AND WITH ALL FAULTS, AND HEREBY
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DISCLAIM ALL OTHER WARRANTIES, GUARANTEES, AND CONDITIONS,
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EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT
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LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY
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IMPLIED WARRANTIES, DUTIES, GUARANTEES, OR CONDITIONS OF
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MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A
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PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD
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TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow
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exclusion of implied warranties or limitations on the duration of implied
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warranties, so the above disclaimer may not apply to you in its entirety.
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IN AUSTRALIA AND NEW ZEALAND, THE SOFTWARE COMES WITH
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GUARANTEES THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN AND
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NEW ZEALAND CONSUMER LAWS. AUSTRALIAN CONSUMERS ARE
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ENTITLED TO A REPLACEMENT OR A REFUND FOR A MAJOR FAILURE
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AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS
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OR DAMAGE. AUSTRALIAN CONSUMERS ARE ALSO ENTITLED TO
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HAVE THE SOFTWARE REPAIRED OR REPLACED IF IT FAILS TO BE OF
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ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A
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MAJOR FAILURE. NEW ZEALAND CONSUMERS WHO ARE PURCHASING
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GOODS FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR
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CONSUMPTION AND NOT FOR THE PURPOSE OF A BUSINESS (<28>NEW
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ZEALAND CONSUMERS<52>) ARE ENTITLED TO REPAIR, REPLACEMENT OR
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REFUND FOR A FAILURE AND COMPENSATION FOR OTHER
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REASONABLY FORESEEABLE LOSS OR DAMAGE.
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10. LIMITATION OF LIABILITY. Subject to local law, notwithstanding
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any damages that you might incur, the entire liability of HP and any of
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its suppliers under any provision of this EULA and your exclusive
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remedy for all of the foregoing shall be limited to the greater of the
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amount actually paid by you separately for the Software Product or U.S.
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$5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
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NO EVENT SHALL HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
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INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
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WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
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LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
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BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
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PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF
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OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN
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CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF HP OR
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ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL
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PURPOSE. Some states/jurisdictions do not allow the exclusion or
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limitation of incidental or consequential damages, so the above
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limitation or exclusion may not apply to you.
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11. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211
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and 12.212, Commercial Computer Software, Computer Software
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Documentation, and Technical Data for Commercial Items are licensed
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to the U.S. Government under HP's standard commercial license.
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12. COMPLIANCE WITH EXPORT LAWS. You shall comply with all
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laws and regulations of the United States and other countries ("Export
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Laws") to assure that the Software Product is not (1) exported, directly
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or indirectly, in violation of Export Laws, or (2) used for any purpose
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prohibited by Export Laws, including, without limitation, nuclear,
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chemical, or biological weapons proliferation.
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13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that
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you are of the legal age of majority in your state of residence and, if
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applicable, you are duly authorized by your employer to enter into this
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contract.
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14. APPLICABLE LAW. This EULA is governed by the laws of the
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country in which the equipment was purchased.
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15. ENTIRE AGREEMENT. This EULA (including any addendum or
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amendment to this EULA which is included with the HP Product) is the
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entire agreement between you and HP relating to the Software Product
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and it supersedes all prior or contemporaneous oral or written
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communications, proposals and representations with respect to the
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Software Product or any other subject matter covered by this EULA. To
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the extent the terms of any HP policies or programs for support
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services conflict with the terms of this EULA, the terms of this EULA
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shall control.
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<EFBFBD>Copyright 2018-2024 HP Development Company, L.P..
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The information contained herein is subject to change without notice.
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All other product names mentioned herein may be trademarks of their
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respective companies. To the extent permitted by applicable law, the
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only warranties for HP products and services are set forth in the express
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warranty statements accompanying such products and services.
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Nothing herein should be construed as constituting an additional
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warranty. To the extent permitted by applicable law, HP shall not be
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liable for technical or editorial errors or omissions contained herein.
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First Edition: August 2015
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817678-001
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