Limitation Of Warranty; Limitation Of Liability And Remedies - HP NetServer E 45 User Manual

Hp part number 5965-2489
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Appendix C
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 maintenance, or defects resulting from
use of third-party software, accessories, media, supplies, consumables, or such
items not designed for use with the product.
HP makes no other express warranty, whether written or oral, with respect
to this product. Any implied warranty or merchantability or fitness is
limited to the one-year duration of this written warranty. Some states or
provinces do not allow limitations on how long an implied warranty lasts, so
the above limitation or exclusion may not apply to you.
This warranty gives you specific legal rights. You may also have other rights
that vary from state to state or province to province.

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
Warranty and Software License
49

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