HP Jornada 700 Series Handheld PC Users Guide
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Warranty | 197 Copies and adaptations You may make copies or adaptations of the software (a) for archival purposes, or (b) when copying or adaptation is an essential step in the use of the software with a computer so long as the copies and adaptations are used in no other manner. You have no other rights to copy unless you acquire an appropriate license to reproduce which is available from HP for some software. You agree that no warranty, free installation, or free training is provided by HP for any copies or adaptations made by you. All copies and adaptations of the software must bear the copyright notice(s) contained in or on the original. Ownership You agree that you do not have any title to or ownership of the software, other than ownership of the physical media. You acknowledge and agree that the software is copyrighted and protected under the copyright laws. You acknowledge and agree that the software or part thereof may have been developed by a third party software supplier named in the copyright notice(s) included with the software, who shall be authorized to hold you responsible for any copyright infringement or violation of this or their own License Agreement. Transfer of rights in software You may transfer rights to the software to a third party only as part of the transfer of all your rights and only if you obtain the prior agreement of the third party to be bound by the terms of this License Agreement. Upon such a transfer, you agree that your rights to the software are terminated and that you will either destroy all your copies and adaptations or deliver them to the third party. Transfer to a U.S. government department or agency or to a prime or lower tier contractor in connection with a U.S. government contract shall be made only upon prior written agreement to terms required by HP.
198 HP Jornada 700 Series Handheld PC Sublicensing and distribution You may not lease, sublicense the software or distribute copies or adaptations of the software to the public in physical media, by telecommunication or at all without the prior written consent of HP. Termination HP may terminate this software license for failure to comply with any of these terms, provided HP has requested you to cure the failure and you have failed to do so within thirty (30) days of such notice. Updates and upgrades You agree that the software does not include updates and upgrades that may be available from HP under a separate support agreement. Export clause You agree not to export or re-export the software or any copy or adaptation in violation of the U.S. Export Administration regulations or other applicable regulations. U.S. government restricted rights The Software and Documentation have been developed entirely at private expense. They are delivered and licensed as “commercial computer software” as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227- 7014 (Jun 1995), as “commercial item” as defined in FAR 2.101 (a), or as “Restricted computer software” as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and Documentation by the applicable FAR or DFARS clause or the HP standard software agreement for the product involved.
Warranty | 199 HP Software Product Limited Warranty Important: This HP Software Product Limited Warranty shall cover all software that is provided to you, the customer, as part of the HP product, including any operation system software. Any third party software suppliers warranty terms that may be found on-line, or in any documentation or other materials contained in the product packaging shall supersede the HP Software Product Limited Warranty with regard to that third party software. Ninety-Day Limited Software Warranty HP warrants for a period of NINETY (90) DAYS from the date of purchase that the software product will execute its programming instructions when all files are properly installed. HP does not warrant that the software will be uninterrupted or error free. In the event that this software product fails to execute its programming instructions during the warranty period, your remedy shall be replacement or refund only. Return the media to HP for replacement. Should HP be unable to replace the media within a reasonable amount of time, HP shall refund the purchase price upon return of the product and all copies. Removable media (if supplied) HP warrants the removable media, if supplied, upon which this product is recorded to be free from defects in material and workmanship under normal use for a period of NINETY (90) DAYS from the date of purchase. In the event the media proves to be defective during the warranty period, your remedy shall be replacement or refund only. Return the media to HP for replacement. Should HP be unable to replace the media within a reasonable amount of time, HP shall refund the purchase price upon return of the product and destruction of all other non- removable media copies of the software product. Notice of warranty claims You must notify HP in writing of any warranty claim not later than thirty (30) days after the expiration of the warranty period.
200 HP Jornada 700 Series Handheld PC Limitation of warranty HP makes no other express warranty, whether written or oral, with respect to this product. Any implied warranty of merchantability or fitness for a particular purpose is limited to the 90-day duration of this written warranty. Some states, provinces, or countries do not allow limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to you. This warranty gives specific legal rights, and you may also have other rights which vary from state to state, province to province, or country to country. Limitation of liability and remedies THE REMEDIES PROVIDED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL HP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. Some states, provinces, or countries do not allow the exclusion or limitation of incidental or consequential damages - including lost profit-, so the above limitation or exclusion may not apply to you. In no case shall HPs liability exceed the purchase price for the software and/or product. The limitations set forth above will apply regardless of whether you accept the software. Consumer transactions in Australia and the United Kingdom: The disclaimers and limitations above shall not apply and shall not affect the statutory rights of a Consumer.