Exclusive Remedy; Limitation Of Liability - HP TouchSmart IQ520 - Desktop PC Limited Warranty

replace HP Hardware Products (a) with new or previously
used products or parts equivalent to new in performance
and reliability, or (b) with equivalent products to an original
product that has been discontinued. Replacement parts
are warranted to be free from defects in material or
workmanship for ninety (90) days or for the remainder of
the Limited Warranty Period of the HP Hardware Product
they are replacing or in which they are installed, whichever
is longer.
HP will, at its discretion, repair or replace any component or
hardware product that manifests a defect in materials or
workmanship during the Limited Warranty Period. All
component parts or hardware products removed under this
Limited Warranty become the property of HP. In the unlikely
event that your HP Hardware Product has recurring failures,
HP, at its sole discretion, may elect to provide you with
(a) a replacement unit of HP's choosing that is the same or
equivalent to your HP Hardware Product in performance or
(b) to give you a refund of your purchase price or lease
payments (less interest) instead of a replacement. This is
your exclusive remedy for defective products.
Exclusions
HP DOES NOT WARRANT THAT THE OPERATION OF
THIS PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
HP IS NOT RESPONSIBLE FOR DAMAGE THAT OCCURS
AS A RESULT OF YOUR FAILURE TO FOLLOW THE
INSTRUCTIONS INTENDED FOR THE HP HARDWARE
PRODUCT.
This Limited Warranty does not apply to expendable or
consumable parts and does not extend to any product from
which the serial number has been removed or that has been
damaged or rendered defective (a) as a result of accident,
misuse, abuse, contamination, improper or inadequate
maintenance or calibration or other external causes; (b) by
operation outside the usage parameters stated in the user
documentation that shipped with the product; (c) by software,
interfacing, parts or supplies not supplied by HP; (d)
improper site preparation or maintenance; (e) virus infection;
(f) loss or damage in transit; or (g) by modification or
service by anyone other than (i) HP, (ii) an HP authorized
service provider, or (iii) your own installation of end-user-
replaceable HP or HP approved parts if available for your
product in the servicing country/region.
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF
THE DATA STORED ON YOUR HARD DRIVE OR
OTHER STORAGE DEVICES AS A PRECAUTION
AGAINST POSSIBLE FAILURES, ALTERATION, OR
LOSS OF THE DATA. BEFORE RETURNING ANY UNIT
FOR SERVICE, BE SURE TO BACK UP DATA AND
REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR
PERSONAL INFORMATION. HP IS NOT
RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY
PROGRAMS, DATA, OR REMOVABLE STORAGE
MEDIA. HP IS NOT RESPONSIBLE FOR THE
RESTORATION OR REINSTALLATION OF ANY
PROGRAMS OR DATA OTHER THAN SOFTWARE
INSTALLED BY HP WHEN THE PRODUCT IS
MANUFACTURED. UNITS SENT IN FOR SERVICE
MAY HAVE THE DATA ERASED FROM THE HARD
DRIVE AND THE PROGRAMS RESTORED TO THEIR
ORIGINAL STATE.

Exclusive Remedy

TO THE EXTENT ALLOWED BY APPLICABLE LOCAL LAW,
THESE TERMS AND CONDITIONS CONSTITUTE THE
COMPLETE AND EXCLUSIVE WARRANTY AGREEMENT
BETWEEN YOU AND HP REGARDING THE HP HARDWARE
PRODUCT YOU HAVE PURCHASED OR LEASED. THESE
TERMS AND CONDITIONS SUPERSEDE ANY PRIOR
AGREEMENTS OR REPRESENTATIONS — INCLUDING
REPRESENTATIONS MADE IN HP SALES LITERATURE OR
ADVICE GIVEN TO YOU BY HP OR AN AGENT OR
EMPLOYEE OF HP —THAT MAY HAVE BEEN MADE IN
CONNECTION WITH YOUR PURCHASE OR LEASE OF
THE HP HARDWARE PRODUCT. No change to the
conditions of this Limited Warranty is valid unless it is made
in writing and signed by an authorized representative of HP.

Limitation of Liability

IF YOUR HP HARDWARE PRODUCT FAILS TO WORK AS
WARRANTED ABOVE, HP'S MAXIMUM LIABILITY UNDER
THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE
LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT
OR THE COST OF REPAIR OR REPLACEMENT OF ANY
HARDWARE COMPONENTS THAT MALFUNCTION IN
CONDITIONS OF NORMAL USE.
EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP BE
LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT
OR THE FAILURE OF THE PRODUCT TO PERFORM,
INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES. HP IS
NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY
OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER
DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER
THIS LIMITED WARRANTY OR AS A TORT CLAIM
(INCLUDING NEGLIGENCE AND STRICT PRODUCT
LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM.
THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR
AMENDED BY ANY PERSON. THIS LIMITATION OF
LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED
HP OR AN AUTHORIZED REPRESENTATIVE OF HP OF THE
POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION
OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS
FOR PERSONAL INJURY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY
VARY FROM STATE TO STATE OR FROM
COUNTRY/REGION TO COUNTRY/REGION. YOU ARE
ADVISED TO CONSULT APPLICABLE STATE OR
COUNTRY/REGION LAWS FOR A FULL DETERMINATION
OF YOUR RIGHTS.
27