HP Kayak XA User Manual page 188

crystal.bk : bckmttr.fb4 Page 172 Monday, March 23, 1998 4:09 AM
TRANSFER OF RIGHTS IN SOFTWARE. Customer may transfer rights in the software to a third party only
as part of the transfer of all rights and only if Customer obtains the prior agreement of the third party to be
bound by the terms of this License Agreement. Upon such a transfer, Customer agrees that his/her rights in the
software are terminated and that he/she will either destroy his/her copies and adaptations or deliver them to the
third party.
SUBLICENSING AND DISTRIBUTION. Customer may not lease, sublicense the software or distribute
copies or adaptations of the software to the public in physical media or by telecommunication without the prior
written consent of Hewlett-Packard.
TERMINATION. Hewlett-Packard may terminate this software license for failure to comply with any of these
terms provided Hewlett-Packard has requested Customer to cure the failure and Customer has failed to do so
within thirty (30) days of such notice.
UPDATES AND UPGRADES. Customer agrees that the software does not include updates and upgrades
which may be available from Hewlett-Packard under a separate support agreement.
EXPORT CLAUSE. Customer agrees not to export or re-export the software or any copy or adaptation in
violation of the U.S. Export Administration regulations or other applicable regulation.
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause in DFARS 252.227-7013. Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, CA94304
U.S.A. Rights for non-DOD U.S. Government Departments and Agencies are as set forth in FAR 52.227-
19(c)(1,2).
HP Software Product Limited Warranty
THIS HP SOFTWARE PRODUCT LIMITED WARRANTY SHALL COVER ALL SOFTWARE THAT IS PROVIDED
TO YOU, THE CUSTOMER, AS PART OF THE HP COMPUTER PRODUCT, INCLUDING ANY OPERATING
SYSTEM SOFTWARE. IT SHALL SUPERSEDE ANY NON-HP WARRANTY TERMS THAT MAY BE FOUND ON-
LINE, OR IN ANY DOCUMENTATION OR OTHER MATERIALS CONTAINED IN THE COMPUTER PRODUCT
PACKAGING.
Ninety-Day Limited Software Warranty. HP warrants for a period of NINETY (90) DAYS from the date of
the purchase that the software product will execute its programming instructions when all files are properly
installed. HP does not warrant that the software will be uninterrupted or error free. In the event that this
software product fails to execute its programming instructions during the warranty period, Customer's remedy
shall be a refund or repair. Should HP be unable to replace the media within a reasonable amount of time,
Customer's alternate remedy shall be a refund of the purchase price upon return of the product and all copies.
Removable Media (If supplied). HP warrants the removable media, if supplied, upon which this product is
recorded to be free from defects in materials and workmanship under normal use for a period of NINETY (90)
DAYS from the date of purchase. In the event the media proves to be defective during the warranty period,
Customer's remedy shall be to return the media to HP for replacement. Should HP be unable to replace the
media within a reasonable amount of time, Customer's alternate remedy shall be a refund of the purchase price
upon return of the product and destruction of all other non removable media copies of the software product.
Notice of Warranty Claims. Customer must notify HP in writing of any warranty claim not later than thirty
(30) days after the expiration of the warranty period.
Limitation of Warranty. HP makes no other express warranty, whether written or oral with respect to this
product. Any implied warranty of merchantability or fitness for a particular purpose is limited to the 90-day
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 specific legal
rights, and you may also have other rights which vary from state to state, or province to province.
Limitation of Liability and Remedies. THE REMEDIES PROVIDED ABOVE ARE CUSTOMER'S SOLE AND
EXCLUSIVE REMEDIES. IN NO EVENT SHALL HP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT) WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. Some states or provinces do not allow the
exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not
apply to you.
Obtaining Warranty Service. Warranty service may be obtained from the nearest HP sales office or other
location indicated in the owner's manual or service booklet.
Consumer transactions in Australia and the United Kingdom: The disclaimers and limitations above shall not
apply and shall not affect the statutory rights of a Consumer.
(Rev. 19/11/96)
172 English
Part number: D5699-90001