Disclaimer Of Warranties - HP ProLiant SL160z - G6 Server Specifications

THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL INDEMNITIES,
WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, WHETHER BY STATUTE, COMMON
LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND
NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES. HP
does not warrant that the operation of Software will be uninterrupted or error free or that the Software will meet
Your requirements. 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.
IF SOFTWARE IS PROVIDED FOR A LICENSE FEE, THE FOLLOWING LIMITED WARRANTY
ii.
APPLIES TO THE SOFTWARE:
a. HP Branded Software will materially conform to its Specifications. If a warranty period is not specified for
HP Branded Software, the warranty period will be ninety (90) days from the delivery date, or the date of
installation if installed by HP. If You schedule or delay installation by HP more than thirty (30) days after
delivery, the warranty period begins on the 31st day after delivery. This limited warranty is subject to the
terms, limitations, and exclusions contained in the limited warranty statement provide for Software in the
country where the Software is located when the warranty claim is made.
b. HP warrants that any physical media containing HP Branded Software will be shipped free of viruses.
c. HP does not warrant that the operation of Software will be uninterrupted or error free, or that Software will
operate in hardware and Software combinations other than as expressly required by HP in the
Specifications or that Software will meet requirements specified by You.
d. HP is not obligated to provide warranty services or support for any claims resulting from:
e. HP provides third-party products, software, and services that are not HP Branded "AS IS" without
warranties of any kind, although the original manufacturers or third party suppliers of such products,
software and services may provide their own warranties.
f. If notified of a valid warranty claim during the warranty period, HP will, at its option, correct the warranty
defect for HP Branded Software, or replace such Software. If HP is unable, within a reasonable time, to
complete the correction, or replace such Software, You will be entitled to a refund of the purchase price
paid upon prompt return of such Software to HP. You will pay expenses for return of such Software to HP.
HP will pay expenses for shipment of repaired or replacement Software to You. This section 3.(ii) f states
HP's entire liability for warranty claims.

DISCLAIMER OF WARRANTIES

g.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY
WARRANTED IN SECTION 3.(ii) a and b ABOVE, HP AND ITS SUPPLIERS PROVIDE THE
SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED
WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, AND OF LACK OF VIRUSES. 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.
INTELLECTUAL PROPERTY INFRINGEMENT FOR SOFTWARE PROVIDED FOR A LICENSE FEE:
1. improper site preparation, or site or environmental conditions that do not conform to HP's site
specifications;
2. your non-compliance with Specifications;
3. improper or inadequate maintenance or calibration;
4. Your or third-party media, software, interfacing, supplies, or other products;
5. modifications not performed or authorized by HP;
6. virus, infection, worm or similar malicious code not introduced by HP; or
7. abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical
disturbances, transportation by You, or other causes beyond HP's control.