USE, OR ANY OTHER COMMERICAL OR ECONOMIC LOSS OF ANY KIND, COST OF COVER, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. HP IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON OTHER THAN HP. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED HP OR AN AUTHORIZED REPRESENTATIVE OF HP OF THE POSSIBILITY OF ANY SUCH DAMAGES OR EVEN IF SUCH POSSIBILITY WERE REASONABLY FORESEEABLE. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR, IN JURISDICTIONS WHERE THE FOLLOWING TYPES OF DAMAGES CANNOT BE EXCLUDED, IN THE EVENT THE DAMAGES ARISE OUT OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF SUCH A KIND THAT IT SHOULD BE TREATED AS WILLFUL MISCONDUCT.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
Customer responsibilitiesTo enable HP to provide the best possible support and service during the Limited Warranty Period, you will be required to:
•Maintain a proper and adequate environment, and use the HP Networking Hardware Product in accordance with the instructions furnished.
•Verify configurations, load most recent firmware or software, install software patches, run HP diagnostics and utilities, and implement temporary procedures or workarounds provided by HP while HP works on permanent solutions.
•Allow HP to keep resident on your systems or sites certain system and network diagnosis and maintenance tools to facilitate the performance of warranty support (collectively referred to as “Proprietary Service Tools”); Proprietary Service Tools are and remain the sole and exclusive property of HP. Additionally, you will:
o Use the Proprietary Service Tools only during the applicable warranty period and only as allowed by HP o Install, maintain, and support Proprietary Service Tools, including any required updates and patches
o Provide remote connectivity through an
o Use the electronic data transfer capability to inform HP of events identified by the Proprietary Service Tools
o Return the Proprietary Service Tools or allow HP to remove these Proprietary Service Tools upon termination of warranty support o Not sell, transfer, assign, pledge, or in any way encumber or convey the Proprietary Service Tools
In some cases, HP may require additional software such as drivers and agents to be loaded on your system in order to take advantage of these support solutions and capabilities.
•Use HP remote support solutions where applicable. HP strongly encourages you to use available support technologies provided by HP. If you choose not to deploy available remote support capabilities, you may incur additional costs due to increased support resource requirements.
•Cooperate with HP in attempting to resolve the problem over the telephone. This may involve performing routine diagnostic procedures, installing additional software updates or patches, removing
•Make periodic backup copies of your configuration data, files, data, or programs stored on your hard drive or other storage media or devices as a precaution against possible failures, alteration, or loss. Before returning any HP Networking Hardware Product for warranty support, back up your configuration data, files, data, and programs, and remove any confidential, proprietary, or personal information.
•Maintain a procedure to reconstruct your lost or altered configuration data, files, data, or programs that is not dependent on the HP Networking Hardware Product under warranty support.
•Notify HP if you use HP Networking Hardware Products in an environment that poses a potential health or safety hazard to HP employees or subcontractors. HP may require you to maintain such products under HP supervision and may postpone warranty service until you remedy such hazards.
•Perform additional tasks as defined within each type of warranty service listed below and any other actions that HP may reasonably request in order to best perform the warranty support.
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