Limitation Of Liability And Remedies - HP ProLiant SL160z - G6 Server Specifications

a. In the event Software was provided to You for a License Fee, HP will defend or settle any claim against You alleging
that HP Branded Software products provided under this Agreement infringes intellectual property rights in the country
where they were sold, if You:
1. promptly notify HP of the claim in writing;
2. cooperate with HP in the defense of the claim; and
3. grant HP sole control of the defense of settlement of the claim.
HP will pay infringement claim defense costs, HP-negotiated settlement amounts, and court-awarded damages.
b. If such a claim appears likely, then HP may modify the HP Branded Software products, procure any necessary
license, or replace the affected item with one that is at least functionally equivalent. If HP determines that none of
these alternatives is reasonably available, then HP will issue You a refund equal to the purchase price paid for the
affected item if within one year of delivery, or Your net book value thereafter.
c. HP has no obligation for any claim of infringement arising from:
1. HP's compliance with Your or third party designs, specifications, instructions, or technical information;
2. modifications made by You or a third party;
3. Your non-compliance with the Specifications or the documentation described in section 2. a above; or
4. Your use with products, software, or services that are not HP Branded.
d. This section 4 states HP's entire liability for claims of intellectual property infringement for Software provided for a
license fee.

LIMITATION OF LIABILITY AND REMEDIES

5.
Notwithstanding any damages that You might incur, and except for damages for bodily injury (including death) and for the
amounts in section 4.a, the entire aggregate liability of HP and any of its suppliers relating to the Software or this Agreement,
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 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 REVENUES, BUSINESS INTERRUPTION, DOWNTIME COSTS, FAILURE TO REALIZE EXPECTED
SAVINGS, LOSS, DISCLOSURE, UNAVAILABILITY OF OR DAMAGE TO DATA, SOFTWARE RESTORATION, OR
LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, 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.
TERMINATION
6.
This Agreement is effective unless terminated or rejected. Notwithstanding the foregoing, this Agreement will also terminate
upon conditions set forth elsewhere in this Agreement or if You fail to comply with any term or condition hereof.
Immediately upon termination You will destroy the Software and all copies of the Software or return them to HP. You may
retain one copy of the Software subsequent to termination solely for archival purposes only. At HP's request, You will certify
in writing to HP that You have complied with these requirements. Sections 3.(i), 3.(ii) g, 5, 6 and 7 of this Agreement will
survive termination of this Agreement.
GENERAL
7.
a. You may not assign, sublicense, delegate or otherwise transfer ("Assign") all or any part of this Agreement without
prior written consent from HP, payment to HP of any applicable fees, and compliance with HP's Software license
transfer policies and any applicable third party license terms. Any such attempted Assignment will be null and void.
Where an authorized Assignment occurs in accordance with this section, Your rights under this Agreement will
terminate, and You will immediately deliver the Software and all copies to the Assignee. The Assignee must agree
in writing to the terms of this Agreement, and the transferee thereafter will be considered "You" for purposes of this
Agreement. You may transfer firmware only upon transfer of the associated hardware.
b. If the Software is licensed for use in the performance of a U.S. Government prime contract or subcontract, You
agree that, consistent with FAR 12.211 and 12.212, commercial computer Software, computer Software
documentation and technical data for commercial items are licensed under HP's standard commercial license.