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Limitation of warranty – HP Netserver E Server series User Manual

Page 61

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Appendix C

Warranty and Software License

55

products--whether internal to the HP NetServer system processor unit (such as
non-HP SIMMs) or external to the system processor unit (such as LAN cabling)--
are subject to standard per-incident travel and labor charges.

Limitation of Warranty

HP does not warrant uninterrupted or error-free operation of an HP NetServer.

This warranty extends only to the original owner and is not transferable.
Consumables, such as batteries, have no warranty.

The above warranties shall not apply to products from which serial numbers have
been removed or to defects resulting from misuse (including operation of HP
NetServers without covers and incorrect input voltage), unauthorized
modification, operation or storage outside the environmental specifications for
the product, in-transit damage, improper site preparation or maintenance, or
defects resulting from use of software, accessories, media, supplies, consumables,
or such items not supplied by HP.

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.

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 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