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9. NOTICE OF DATA COLLECTION. HP may collect usernames, passwords, device IP addresses,
and/or other authentication information used by you to access HP ID and the various applications
connected via this Software. HP may use this data to optimize Software performance based on user
preferences, provide support and maintenance, and assure security and software integrity. You can
read more about the data collection in the sections titled “What Data We Collect” and “How We Use
Data” in the HP Privacy Statement.
10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND
HEREBY DISCLAIM ALL OTHER WARRANTIES, DUTIES, AND CONDITIONS, EITHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES: (i) OF TITLE AND NON-
INFRINGEMENT; (ii) OF MERCHANTABILITY; (iii) OF FITNESS FOR A PARTICULAR PURPOSE; (iv) THAT
THE SOFTWARE WILL FUNCTION WITH NON-HP SUPPLIES OR ACCESSORIES; AND (v), OF LACK OF
VIRUSES ALL WITH REGARD TO THE SOFTWARE. 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.
11. LIMITATION OF LIABILITY. Subject to local law, notwithstanding any damages that you might incur,
the entire liability of HP and any of its suppliers under any provision of this EULA 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 CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, OR FOR 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 EULA, 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.
12. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211 and 12.212, Commercial Computer
Software, Computer Software Documentation, and Technical Data for Commercial Items are
licensed to the U.S. Government under HP's standard commercial license.
13. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of the United
States and other countries ("Export Laws") to assure that the Software is not (1) exported, directly
or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws,
including, without limitation, nuclear, chemical, or biological weapons proliferation.
14. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority
in your state of residence and, if applicable, you are duly authorized by your employer to enter into
this contract.
15. APPLICABLE LAW. This EULA is governed by the laws of the State of California, U.S.A.
16. ENTIRE AGREEMENT. Unless you have entered into a separate license agreement for the Software,
this EULA (including any addendum or amendment to this EULA which is included with the
HP Product) is the entire agreement between you and HP relating to the Software and it supersedes
all prior or contemporaneous oral or written communications, proposals and representations with
respect to the Software or any other subject matter covered by this EULA. To the extent the terms of
any HP policies or programs for support services conflict with the terms of this EULA, the terms of
this EULA shall control.
172
Appendix A Service and support
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