This End User License Agreement (“EULA”) is a legal agreement between (a) you (either an individual or a single entity) and (b) HP Inc. (“HP”) that governs your use of any software product, installed on or made available by HP for use as a stand-alone product or with your HP product (“HP Product”) that is not otherwise subject to a separate license agreement between you and HP or its suppliers. The term “Software Product” includes application software, firmware, operating systems, drivers and any other type of software and may include associated media, printed materials and online or electronic documentation.
IN ADDITION TO THIS EULA, ADDITIONAL TERMS MAY APPLY, INCLUDING ANY THIRD-PARTY AGREEMENT FOR THIRD-PARTY SOFTWARE AVAILABLE ON THE HP PRODUCT OR THROUGH USE OF THE SOFTWARE PRODUCT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY LICENSES WITHOUT ANY RESTRICTIONS TO ACCESS AND VIEW SUCH THIRD-PARTY SOFTWARE OR ASSOCIATED CONTENT. AN AMENDMENT OR ADDENDUM TO THIS EULA MAY ACCOMPANY THE HP PRODUCT OR SOFTWARE PRODUCT. IN THE EVENT OF ANY CONFLICT BETWEEN ANY SUCH AMENDMENT OR ADDENDUM AND THIS EULA, THE TERMS OF THE AMENDMENT OR ADDENDUM WILL CONTROL THE SUBJECT MATTER CONTAINED THEREIN. YOU MAY ALSO BE REQUIRED TO AGREE TO OTHER TERMS IN SEPARATE AGREEMENTS THAT GOVERN YOUR USE OF THE SOFTWARE PRODUCT OR HP PRODUCT.
RIGHTS TO THE SOFTWARE PRODUCT ARE PROVIDED ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING OR USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED PRODUCT (HARDWARE AND SOFTWARE) OR DISCONTINUE USE AND CANCEL YOUR USE OF THE SOFTWARE WITHIN 14 DAYS FOR A REFUND SUBJECT TO THE REFUND POLICY OF YOUR PLACE OF PURCHASE.
THIS EULA IS A GLOBAL AGREEMENT AND IS NOT SPECIFIC TO ANY PARTICULAR COUNTRY, STATE OR TERRITORY. IF YOU ACQUIRED THE HP PRODUCT OR SOFTWARE PRODUCT AS A CONSUMER WITHIN THE MEANING OF APPLICABLE CONSUMER LEGISLATION IN YOUR COUNTRY, STATE OR TERRITORY, THEN DESPITE ANYTHING TO THE CONTRARY IN THIS EULA, NOTHING IN THIS EULA AFFECTS ANY NON-EXCLUDABLE STATUTORY RIGHTS OR REMEDIES THAT YOU MAY HAVE UNDER SUCH CONSUMER LEGISLATION; THIS EULA IS SUBJECT TO THESE RIGHTS AND REMEDIES.
1. GRANT OF LICENSE. HP grants you the following rights provided that you comply with all the terms and conditions of this EULA:
A. Use.2. UPGRADES. To use a software product identified as an upgrade, you must first have a license for the original software product identified by HP as eligible for the upgrade. After the upgrade, you may no longer use the original software product that formed the basis of your upgrade eligibility as a separate software product.
3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original software product provided by HP, unless HP provides other terms with the update or supplement. In the event of a conflict between these terms, the remaining terms shall prevail.
4. TRANSFER.
A. Third party. The initial user of the Software Product may make a one-time transfer of the Software Product to another end user. Any transfer must include all components, media, printed materials, this EULA and, if applicable, the Certificate of Authenticity. The transfer cannot be an indirect transfer, such as a shipment. Prior to transfer, the end user receiving the transferred product must agree to all terms of the EULA. Upon transfer of the software product, your license is automatically terminated. b. Restrictions. You may not rent, lease, or lend the Software Product or use the Software Product for commercial timesharing or office use. You may not sublicense, assign or transfer the License or the Software Product except as expressly provided in this EULA. c. HP Mission. HP may assign or transfer this EULA, or any right, license, privilege or obligation hereunder without your prior written consent.5. PROPERTY RIGHTS. All intellectual property rights in the Software Product and User Documentation are owned by HP or its suppliers and are protected by law, including, but not limited to, United States copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You must not remove any product identification, copyright notices or proprietary restrictions from the Software Product.
6. LIMITATION OF REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that the right to do so is mandated by applicable law notwithstanding this limitation or as expressly provided in this EULA.
7. TERM. This EULA is effective unless and until terminated or rejected. This EULA will also terminate upon the terms set forth elsewhere in this EULA or if you fail to comply with any of the terms or conditions of this EULA. Upon such termination, you must cease all use of the Software Product. All of your obligations under this EULA which, by their nature, are intended to survive termination of this EULA or your use of the Software Product, will survive termination of this EULA. The rights and remedies of HP and its affiliates, licensors and suppliers hereunder shall survive any termination of this EULA.
8. DATA COLLECTION NOTICE. HP and its affiliates may collect, combine, and use information about individual devices and users that you provide in connection with support services related to the software product. HP will not use this information to market to you without your consent. Learn more about HP's data collection practices at www.hp.com/go/privacy. .
9. EXCLUSION OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, DUTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES: (i) OF FITNESS FOR A PARTICULAR PURPOSE; (ii) OF MERCHANTABILITY; (iii) TITLE, (iv) NON-INFRINGEMENT, (v) THAT THE SOFTWARE PRODUCT WILL OPERATE WITH NON-HP SUPPLIES OR ACCESSORIES; AND (vi) ABSENCE OF VIRUSES WITH RESPECT TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above disclaimer may not apply to you in its entirety.
10. LIMITATION OF LIABILITY. Subject to local law, notwithstanding any damages that you may 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 Product or US$5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HP OR ITS SUPPLIERS BE LIABLE FOR (A) ANY LOSS OF PROFITS, BUSINESS, CUSTOMS, REVENUES, ANTICIPATED SAVINGS, GOODWILL, DATA OR CONTRACTS, (B) ANY TYPE OF SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, (C) BUSINESS INTERRUPTION, (D) PERSONAL INJURY OR (E) LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, product, or certain direct damages, so the above limitation or exclusion may not apply to you.
11. U.S. GOVERNMENT CUSTOMERS. Pursuant to 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.
12. COMPLIANCE WITH EXPORT LAWS. You must comply with all laws and regulations of the United States and other countries ("Export Laws") to ensure that the Software Product 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, the proliferation of nuclear, chemical, or biological weapons.
13. CAPACITY AND CONTRACTUAL AUTHORITY. You represent that you are of the legal age of majority in your state or country of residence and, where applicable, are duly authorized by your employer to enter into this contract.
14. APPLICABLE LAW. If the Software Product is provided as part of an HP Product, this EULA is governed by the laws of the country, state or territory in which the HP Product was purchased. If the Software Product is licensed to you as a stand-alone product, this EULA is governed by the laws of the State of California, USA.
15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA that is included with the HP Product) constitutes the entire agreement between you and HP regarding the Software Product, and this EULA supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent that the terms of HP policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control. If any term, condition or provision of this EULA is held to be invalid or unenforceable with respect to any part or circumstance, such determination shall not affect the validity and enforceability of the remaining terms, conditions and provisions of this EULA. HP may modify the EULA at any time. If you do not agree to the amended terms, you must stop using the Software. If you continue to use the Software Product after the modification, such continued use will be deemed acceptance of the modifications. If you agreed to a different set of end user license terms at the time you installed, copied, downloaded or otherwise used the Software Product, this EULA will supersede those terms and govern your use of the Software Product.
16. COMPENSATION. You will defend, indemnify and hold harmless HP and its affiliates, licensors and suppliers from and against all liabilities, claims and expenses (including attorneys' fees) that may arise from or in connection with your violation of this EULA or your use or misuse of the Software Product. HP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
17. CONSUMER RIGHTS. Consumers in certain countries, states or territories may have certain statutory rights, remedies, locations and limitations under consumer legislation in respect of which HP's liability cannot be lawfully excluded or limited. Notwithstanding anything to the contrary in this EULA, if you acquired the HP Product or licensed the Software Product as a consumer within the meaning of applicable consumer law in your country, state or territory, the provisions of this EULA (including the warranty disclaimers, limitations and exclusion of liability) shall be read subject to applicable law and shall apply only to the maximum extent permitted by such applicable law. For example:
AUSTRALIA: if you acquired the Software Product as a consumer within the meaning of the “Australian Consumer Law” under the Australian Competition and Consumer Act 2010 (Cth), then despite any other provision of this EULA:
(1) The Software Product comes with warranties that cannot be excluded under the Australian Consumer Law, including that the goods will be of acceptable quality and that the services will be provided with care and skill. If HP fails to comply with such consumer warranty, the liability of HP or HP's licensors is limited to the following:
(A) in connection with the provision of warranty and support services for the Software Product, to one or more of the following (at HP's discretion): (i) the provision of the services again; or (ii) payment of the cost of restocking the Services; and (B) In connection with the provision of the Software Product, one or more of the following (at HP's discretion): (i) replacement of the Software Product or provision of equivalent software; (ii) repair of the Software Product; (iii) payment of the costs of replacing the Software Product or acquiring equivalent software; or (iv) payment of the cost of repairing the Software Product; and (C) otherwise, to the maximum extent permitted by law.(2) Nothing in this EULA excludes, restricts or modifies any right or remedy, or any warranty, guarantee or other term or condition implied or imposed by Australian Consumer Law that cannot lawfully be excluded or limited; And
(3) The benefits provided to you by the warranties in this EULA are in addition to any other rights and remedies available to you under applicable law with respect to the goods or services to which the warranty relates. If you believe you are entitled to a warranty claim under this EULA or to any of the above remedies, please contact HP at:
HP PPS Australia Pty Ltd
353 Burwood Hwy
Forest Hill
VIC 3131
Australia
To initiate a support request or warranty claim, please call 13 10 47 (in Australia) or +61 2 8278 1039 (if calling overseas) or visit www.hp.com.au and select the "Customer Service" option for the most up-to-date list of support numbers.
NEW ZEALAND
If you buy goods for personal, domestic or household use or consumption and not for the purpose of a business as a New Zealand consumer, you are entitled to a repair, replacement or refund for a breakdown, and compensation for other reasonably foreseeable loss or damage as a result of the breakdown.
© 2003, 2015, 2018, 2021 HP Development Company, LP The information contained herein is subject to change without notice. All other product names mentioned herein may be trademarks of their respective companies. The only warranties for HP products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein shall be construed as constituting an additional warranty. HP assumes no liability for technical or editorial errors or omissions contained herein.
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