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Customer responsibilities – HP Netserver E Server series User Manual

Page 62

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Appendix C

Warranty and Software License

56

Support purchased by Customer are used for these applications. Customer will
indemnify and hold HP harmless from all loss, damage, expense or liability in
connection with such use.

HP will be liable for damage to tangible property per incident up to the greater of
$300,000 or the actual amount paid for the product that is the subject of the
claim, and for damages for bodily injury or death, to the extent that all such
damages are determined by a court of competent jurisdiction to have been directly
caused by a defective HP product.

TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN
THIS WARRANTY STATEMENT ARE CUSTOMER'S SOLE AND
EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO
EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF
DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE,
WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.

Customer Responsibilities

Customer is responsible for the following:

1. Where applicable, before service is provided--

a. Having the HP NetServer's system administrator available for

consultation with HP or Reseller;

b. Running HP-supplied configuration and diagnostics programs or

following the problem determination, problem analysis, and service
request procedures that HP or Reseller provides;

c. Securing all proprietary and confidential information;

d. Securing all programs and data;

e. Maintaining a procedure external to the products for reconstruction of

lost or altered files, data, or programs;

f. Informing HP or Reseller of changes in location of the HP NetServer;

and

g. Obtaining any necessary licenses or permits with regard to information

provided to HP or Reseller;

2. Travel and labor charges for on-site repairs caused by third-party

hardware or software;