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Customer responsibilities – HP Netserver L Server series User Manual

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Appendix C

Warranty and Software License

3. Incidental, special, or consequential damages (including lost profits, loss of

use. Customer downtime, cost of data recovery/re-creation), even ifHP is
informed of their possibility;

4. Third-party claims against Customer for losses or damages.

HP NetServers are not speci^cally 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 ifProducts or

Support purchased by Customer are used for these applications. Customer will

indemnify and hold HP harmless ^om all loss, damage, expense or liability in
connection with such use.

To the extent HP is held legally liable to Customer, HP's liability is limited to:

1. Damages for bodily injury; and

2. Direct damages to tangible property up to a limit of$100,000 or the

purchase price of the speci^c product that caused such damage.

The remedies in these HP Terms and Conditions of Sale and Service are
Customer's sole and exclusive remedies.

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. Installing HP TopTools for Servers management so^are;

c. Running HP-supplied con^guration and diagnostics programs or

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

d. Securing all proprietary and con^dential information;

e. Securing all programs and data;

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

lost or altered ^les, data, or programs;

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

and

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