Warranty statement – HP StorageWorks XP Direct Backup Engine Software User Manual
Page 8
8
HP Surestore Direct Backup Engine XP: User’s Guide
Warranty statement
HP warrants that for a period of ninety calendar days from the date of
purchase, as evidenced by a copy of the invoice
,
the media on which the
Software is furnished (if any) will be free of defects in materials and
workmanship under normal use.
DISCLAIMER. EXCEPT FOR THE FOREGOING AND TO THE
EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS
PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY
KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HP
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, NON-INFRINGEMENT, TITLE, ACCURACY OF
INFORMATIONAL CONTENT, AND FITNESS FOR A PARTICULAR
PURPOSE. Some jurisdictions do not allow exclusions of implied
warranties or conditions, so the above exclusion may not apply to you to
the extent prohibited by such local laws. You may have other rights that
vary from country to country, state to state, or province to province.
WARNING! YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. HP
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
SOFTWARE IS ASSUMED BY YOU. HP DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SOFTWARE OR RELATED
DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HP
OR HP’S AUTHORIZED REPRESENTATIVES SHALL CREATE A
WARRANTY.
LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT
PROHIBITED BY LOCAL LAW, IN NO EVENT INCLUDING
NEGLIGENCE WILL HP OR ITS SUBSIDIARIES, AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS
BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING
LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
OF THE SOFTWARE, WHETHER BASED IN WARRANTY,
CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your use of the Software is entirely at your own risk. Should the Software
prove defective, you assume the entire cost of all service, repair or
correction. Some jurisdictions do not allow the exclusion or limitation of