Limitation Of Liability And Remedies - HP BL480c - ProLiant - 4 GB RAM Manual

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.
g. DISCLAIMER OF WARRANTIES
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.
4. INTELLECTUAL PROPERTY INFRINGEMENT FOR SOFTWARE PROVIDED FOR A LICENSE FEE:
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.

5. LIMITATION OF LIABILITY AND REMEDIES

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.