Appendix C
Warranty and Software License
62
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
Support purchased by Customer are used for these applications. Customer will
indemnify and hold HP harmless from all loss, damage, expense or liability in
connection with such use.
To the extent HP is held legally liable to Customer, HP’s liability is limited to:
1. Damages for bodily injury; and
2. Direct damages to tangible property up to a limit of $100,000 or the
purchase price of the specific product that caused such damage.
The remedies in these HP Terms and Conditions of Sale and Service are
Customer’s sole and exclusive remedies.
Customer Responsibilities
Customer is responsible for the following:
1. Where applicable, before service is provided--
a. Having the HP NetServer’s system administrator available for
consultation with HP or Reseller;
b. Running HP-supplied configuration and diagnostics programs or
following the problem determination, problem analysis, and service
request procedures that HP or Reseller provides;
c. Securing all proprietary and confidential information;
d. Securing all programs and data;
e. Maintaining a procedure external to the products for reconstruction of
lost or altered files, data, or programs;
f. Informing HP or Reseller of changes in location of the HP NetServer;
and
g. Obtaining any necessary licenses or permits with regard to information
provided to HP or Reseller;
