HP StorageWorks 8000 NAS User Manual

Page 208

206 Legal Information

OR THAT THE OPERATION OF THE SOFTWARE WILL BE

UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE

SOFTWARE AND RELATED DOCUMENTATION WILL BE CORRECTED,

FURTHERMORE, HEWLETT-PACKARD DOES NOT WARRANT OR MAKE

ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF

THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN

TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR

OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE

GIVEN BY HEWLETT-PACKARD OR A HEWLETT-PACKARD AUTHORIZED

REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY

INCREASE THE SCOPE OF THIS WARRANTY. EXCEPT AS OTHERWISE

PROVIDED IN THIS AGREEMENT, SHOULD THE HEWLETT-PACKARD

SOFTWARE PROVE DEFECTIVE, YOU (AND NOT HEWLETT-PACKARD

OR A HEWLETT-PACKARD AUTHORIZED REPRESENTATIVE) ASSUME

THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR

CORRECTION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL

RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE OR

JURISDICTION TO STATE OR JURISDICTION.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES: TO THE MAXIMUM

EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEWLETT-PACKARD

OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES

WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL,

INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR

PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS

INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER

LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE

SOFTWARE, EVEN IF HEWLETT-PACKARD HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, HEWLETT-PACKARD'S

ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL

BE LIMITED TO THE PRICE PAID FOR THE SOFTWARE. BECAUSE SOME

STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL

DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY: You agree to indemnify and hold Hewlett-Packard and its

suppliers and licensors harmless from and against any and all claims of

any kind (along with attorney's fees and litigation costs), including but not

limited to, personal injury or property damage arising out of, resulting

from, or in connection with results you have obtained through your

negligent use or misuse of the Software.