● Collection/Use by Third Parties. Certain software programs included in your HP Product are provided and
separately licensed to you by third party providers (“Third Party Software”). Third Party Software may be
installed and operational on your HP Product even if you choose not to activate/purchase such software.
Third Party Software may collect and transmit technical information about your system (i.e., IP address,
unique device identier, software version installed, etc.) and other system data. This information is used
by the third party to identify technical system attributes and ensure that the most current version of the
software has been installed on your system. If you do not want the Third Party Software to collect this
technical information or automatically send you version updates, you should uninstall the software prior
to connecting to the Internet.
9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS
SUPPLIERS PROVIDE THE SOFTWARE PRODUCT “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM
ALL OTHER WARRANTIES, GUARANTEES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED
WARRANTIES, DUTIES, GUARANTEES, OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY,
OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE
PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the
duration of implied warranties, so the above disclaimer may not apply to you in its entirety.
IN AUSTRALIA AND NEW ZEALAND, THE SOFTWARE COMES WITH GUARANTEES THAT CANNOT BE EXCLUDED
UNDER AUSTRALIAN AND NEW ZEALAND CONSUMER LAWS. AUSTRALIAN CONSUMERS ARE ENTITLED TO
A REPLACEMENT OR A REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR OTHER REASONABLY
FORESEEABLE LOSS OR DAMAGE. AUSTRALIAN CONSUMERS ARE ALSO ENTITLED TO HAVE THE SOFTWARE
REPAIRED OR REPLACED IF IT FAILS TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT
AMOUNT TO A MAJOR FAILURE. NEW ZEALAND CONSUMERS WHO ARE PURCHASING GOODS FOR PERSONAL,
DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION AND NOT FOR THE PURPOSE OF A BUSINESS (“NEW
ZEALAND CONSUMERS”) ARE ENTITLED TO REPAIR, REPLACEMENT OR REFUND FOR A FAILURE AND
COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE.
10. LIMITATION OF LIABILITY. Subject to local law, notwithstanding any damages that you might incur, the entire
liability of HP and any of its suppliers under any provision of this EULA and your exclusive remedy for all of
the foregoing shall be limited to the greater of the amount actually paid by you separately for the Software
Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR
OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR
OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF HP OR ANY SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
11. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211 and 12.212, Commercial Computer Software,
Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S.
Government under HP's standard commercial license.
12. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of the United States and
other countries ("Export Laws") to assure that the Software Product is not (1) exported, directly or indirectly,
in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without
limitation, nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your
state of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
14. APPLICABLE LAW. This EULA is governed by the laws of the country in which the equipment was purchased.
End User License Agreement
53