Common use of Limitations of Liability and Remedies Clause in Contracts

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMER, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.

Limitations of Liability and Remedies. THE TOTAL AMOUNT THAT HP WILL PAY FOR REPAIRS OR REPLACEMENT MADE IN CONNECTION WITH ALL CLAIMS ON ANY COVERED PRODUCT SHALL NOT EXCEED THE PURCHASE PRICE OF THE COVERED PRODUCT EXCLUDING TAX AND SHIPPING. IN THE EVENT THAT HP OR HP SERVICE PROVIDERS MAKE REPAIRS, WHICH IN THE AGGREGATE ARE EQUAL TO THE PURCHASE PRICE OF THE COVERED PRODUCT, OR REPLACE THE COVERED PRODUCT WITH A NEW, REBUILT, OR REFURBISHED PRODUCT OF EQUAL OR SIMILAR FEATURES AND FUNCTIONALITY, HP WILL HAVE NO FURTHER OBLIGATIONS UNDER THIS HP CARE PACK SERVICE AGREEMENT. THE COST OF REPAIR FOR ANY ADDITIONAL CLAIMS WILL BE CHARGED ON A TIME-AND-MATERIALS BASIS. FOR ANY BREACH OF THIS AGREEMENT BY HPUS, CUSTOMER’S YOUR REMEDY AND HP’S OUR LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PRICE PAID FOR THIS AGREEMENT BY CUSTOMER YOU FOR THE HP PRODUCTS AT ISSUE. HP WE WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS WE ARE HELD LEGALLY LIABLE TO CUSTOMERYOU, HP’S OUR LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.SU.S.) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIESSERVICES, UP TO A MAXIMUM OF THE SUPPORT CHARGES YOU PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HPWE, ITS OUR AFFILIATES, ITS OUR SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP will not be liable for performance delays or for nonperformance due to causes beyond its reasonable control. To the extent HP is held legally liable to Customer, HP will be liable up to the following extent: (i) damages for bodily injury or death; (ii) direct damages to tangible property for any one or series of connected events up to a limit of € 300,000 (three hundred thousand euro) or the local currency equivalent (in Middle-East and Africa, this limit is fixed at US$ 300,000 (three hundred thousand US Dollars) or local currency equivalent), or such higher amount imposed by imperative law; (iii) damages caused intentionally or through gross negligence; (iv) damages for which HP is liable regardless of fault (e.g. product liability); (v) damages resulting from the absence of Service features expressly warranted by HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROLand other direct damages for any claim based on a material breach of the Service, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMERup to a maximum of 110% of the total amount paid by Customer for this Agreement, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUEor such higher amount imposed by imperative law. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVETO THE EXTENT EXPRESSLY PROVIDED IN THIS AGREEMENT, NO WARRANTY IS EXPRESSED OR IMPLIED, AND IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIALINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFITOPPORTUNITIES, REVENUES OR PROFITS, WHETHER ACTUAL OR ANTICIPATED), FOR DAMAGES RELATING TO CUSTOMER’S PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, FOR DAMAGES RELATED TO LOSS OF DATA OR SOFTWARE RESTORATION, OR FOR OTHER DAMAGE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS, NOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUBY LAW.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HPTIC, CUSTOMER’S REMEDY AND HP’S TIC'S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PRICE PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP TIC WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE NONPERFORMANCES DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMER, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.SU.S.) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIESSERVICES, UP TO A MAXIMUM OF THE SUPPORT CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL TIC, HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.

Limitations of Liability and Remedies. THE TOTAL AMOUNT THAT HP WILL PAY FOR REPAIRS OR REPLACEMENT MADE IN CONNECTION WITH ALL CLAIMS ON ANY COVERED PRODUCT SHALL NOT EXCEED THE PURCHASE PRICE OF THE COVERED PRODUCT EXCLUDING TAX AND SHIPPING. IN THE EVENT THAT HP OR HP SERVICE PROVIDERS MAKE REPAIRS, WHICH IN THE AGGREGATE ARE EQUAL TO THE PURCHASE PRICE OF THE COVERED PRODUCT, OR REPLACE THE COVERED PRODUCT WITH A NEW, REBUILT, OR REFURBISHED PRODUCT OF EQUAL OR SIMILAR FEATURES AND FUNCTIONALITY, HP WILL HAVE NO FURTHER OBLIGA- TIONS UNDER THIS HP CARE PACK SERVICE AGREEMENT. THE COST OF REPAIR FOR ANY ADDITIONAL CLAIMS WILL BE CHARGED ON A TIME-AND- MATERIALS BASIS. FOR ANY BREACH OF THIS AGREEMENT BY HPUS, CUSTOMER’S YOUR REMEDY AND HP’S OUR LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PRICE PAID FOR THIS AGREEMENT AGREE- MENT BY CUSTOMER YOU FOR THE HP PRODUCTS AT ISSUE. HP WE WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS WE ARE HELD LEGALLY LIABLE TO CUSTOMERYOU, HP’S OUR LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.SU.S.) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIESSERVICES, UP TO A MAXIMUM OF THE SUPPORT CHARGES YOU PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S YOUR SOLE AND EXCLUSIVE REMEDIESREM- EDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HPWE, ITS OUR AFFILIATES, ITS OUR SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY Limitations of Liability and Remedies: HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. To the extent HP is held legally liable to Customer, HP will be liable up to the following extent: (i) damages for bodily injury or death; (ii) direct damages to tangible property for any one or series of connected events up to a limit of £250,000 (three hundred thousand pounds sterling) or local currency equivalent), or such higher amount imposed by imperative law; (iii) damages caused intentionally or through gross negligence; (iv) damages for which HP is liable regardless of fault (e.g. product liability); (v) damages resulting from the absence of Service features expressly warranted by HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROLand other direct damages for any claim based on a material breach of the Service, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMERup to a maximum of 110% of the total amount paid by Customer for this Agreement, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUEor such higher amount imposed by imperative law. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S CUSTOMER‟S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVETO THE EXTENT EXPRESSLY PROVIDED IN THIS AGREEMENT, NO WARRANTY IS EXPRESSED OR IMPLIED, AND IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIALINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFITOPPORTUNITIES, REVENUES OR PROFITS, WHETHER ACTUAL OR ANTICIPATED), FOR DAMAGES RELATING TO CUSTOMER‟S PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, FOR DAMAGES RELATED TO LOSS OF DATA OR SOFTWARE RESTORATION, OR FOR OTHER DAMAGE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS, NOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUBY LAW.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMER, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HPSHALL HELENA, ITS AFFILIATESLICENSORS, ITS SUBCONTRACTORSAGENTS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR LOSS ANY REASON WHATSOEVER. UNDER NO CIRCUMSTANCES OR THEORIES, INCLUDING NEGLIGENCE OR BREACH OF DATA CONTRACT, WILL HELENA OR ITS LICENSORS, AGENTS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR TO ANY THIRD PERSON FOR ANY LOST PROFITS, BUSINESS OR GOODWILL, OR FOR DIRECTANY EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, THAT ARE IN ANY WAY RELATED TO, OR ARISE OUT OF, THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TO OR OUT OF ANY PERFORMANCE OR NONPERFORMANCE BY XXXXXX, LOSS OF INFORMATION, POOR CROP PERFORMANCE, LOW YIELDS, OR LOW CROP REVENUES, OR CUSTOMER’S USE OR INABILITY TO USE THE SERVICES FOR CONSUMER PRODUCTS ANY REASON AND FOR ANY PURPOSE WHATSOEVER, EVEN IF XXXXXX KNEW, OR SHOULD HAVE KNOWN, OF A CONSUMERTHE POSSIBILITY OF ANY OF THOSE DAMAGES. WITHOUT LIMITING THE FOREGOING, IN THE EVENT OF ANY ERROR OR OMISSION ON THE PART OF XXXXXX WHICH IS CORRECTABLE BY THE REPROCESSING OF INFORMATION, HELENA MAY, IF NOTIFIED IN WRITING BY CUSTOMER AS PROVIDED IN THIS AGREEMENT, REPROCESS SUCH INFORMATION WITH THE COOPERATION OF CUSTOMER (AT NO CHARGE TO CUSTOMER), AND SUCH REPROCESSING SHALL BE IN THE FULL AND COMPLETE SATISFACTION OF ALL OF CUSTOMER’S STATUTORY RIGHTS. CLAIMS WITH RESPECT TO THE ERROR OR OMISSION IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUQUESTION.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP will not be liable for performance delays or for non performance due to causes beyond its reasonable control. To the extent HP is held legally liable to Customer, HP will be liable up to the following extent: (i) damages for bodily injury or death; (ii) direct damages to tangible property for any one or series of connected events up to a limit of 250,000 (two hundred fifty thousand British pounds), or such higher amount imposed by imperative law; (iii) damages caused intentionally or through gross negligence; (iv) damages for which HP is liable regardless of fault (e.g. product liability); (v) damages resulting from the absence of Service features expressly warranted by HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROLand other direct damages for any claim based on a material breach of the Service, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMERup to a maximum of 110% of the total amount paid by Customer for this Agreement, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUEor such higher amount imposed by imperative law. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVETO THE EXTENT EXPRESSLY PROVIDED IN THIS AGREEMENT, NO WARRANTY IS EXPRESSED OR IMPLIED, AND IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIALINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFITOPPORTUNITIES, REVENUES OR PROFITS, WHETHER ACTUAL OR ANTICIPATED), FOR DAMAGES RELATING TO CUSTOMER’S PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, FOR DAMAGES RELATED TO LOSS OF DATA OR SOFTWARE RESTORATION, OR FOR OTHER DAMAGE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS, NOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUBY LAW.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP will not be liable for performance delays or for non- performance due to causes beyond its reasonable control. To the extent HP is held legally liable to Customer, HP will be liable up to the following extent: (i) damages for bodily injury or death; (ii) direct damages to tangible property for any one or series of connected events up to a limit of £250,000 (two hundred fifty thousand pounds sterling), or such higher amount imposed by imperative law; (iii) damages caused intentionally or through gross negligence; (iv) damages for which HP is liable regardless of fault (e.g. product liability); (v) damages resulting from the absence of Service features expressly warranted by HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROLand other direct damages for any claim based on a material breach of the Service, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMERup to a maximum of 110% of the total amount paid by Customer for this Agreement, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUEor such higher amount imposed by imperative law. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVETO THE EXTENT EXPRESSLY PROVIDED IN THIS AGREEMENT, NO WARRANTY IS EXPRESSED OR IMPLIED, AND IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIALINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFITOPPORTUNITIES, REVENUES OR PROFITS, WHETHER ACTUAL OR ANTICIPATED), FOR DAMAGES RELATING TO CUSTOMER‟S PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, FOR DAMAGES RELATED TO LOSS OF DATA OR SOFTWARE RESTORATION, OR FOR OTHER DAMAGE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS, NOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUBY LAW.

Limitations of Liability and Remedies. FOR IF YOU ARE IN ANY BREACH OF THIS AGREEMENT WAY DISSATISFIED WITH THE SERVICE OR ANY PART THEREOF, INCLUDING THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT ITS SUCCESSORS, OR AFFILIATES BE LIABLE FOR PERFORMANCE DELAYS ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS, LOST PROFIT, LOST REVENUE OR FOR NONPERFORMANCE DUE LOST DATA OR OTHER CONTENT) OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO CAUSES BEYOND THE SERVICE, INSTANT INK PROGRAM CARTRIDGES, INSTANT INK READY CARTRIDGES, OR THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF HP, ITS REASONABLE CONTROLSUCCESSORS, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLEAFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT HP IS HP, ITS SUCCESSORS, OR AFFILIATES ARE HELD LEGALLY LIABLE TO CUSTOMERYOU, HP’S 'S, ITS SUCCESSORS’, AND AFFILIATES’ AGGREGATE MAXIMUM LIABILITY TO YOU IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT AMOUNT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES YOUR MONTHLY FEE PAID BY CUSTOMER FOR THIS AGREEMENT YOU TO HP FOR THE HP PRODUCTS AT ISSUESERVICE FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVESome jurisdictions do not allow the exclusion or limitation of particular types of damages, IN NO EVENT WILL HPso the above limitation or exclusions may not apply to You in their entireties, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUbut will apply to the maximum extent permitted by applicable law.

Limitations of Liability and Remedies. FOR IF YOU ARE IN ANY BREACH OF THIS AGREEMENT WAY DISSATISFIED WITH THE SERVICE OR ANY PART THEREOF, INCLUDING THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT ITS SUCCESSORS, OR AFFILIATES BE LIABLE FOR PERFORMANCE DELAYS ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS, LOST PROFIT, LOST REVENUE OR FOR NONPERFORMANCE DUE LOST DATA OR OTHER CONTENT) OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO CAUSES BEYOND THE SERVICE, INSTANT INK PROGRAM CARTRIDGES, INSTANT INK READY CARTRIDGES, OR THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF HP, ITS REASONABLE CONTROLSUCCESSORS, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLEAFFILIATES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT HP IS HP, ITS SUCCESSORS, OR AFFILIATES ARE HELD LEGALLY LIABLE TO CUSTOMERYOU, HP’S 'S, ITS SUCCESSORS’, AND AFFILIATES’ AGGREGATE MAXIMUM LIABILITY TO YOU IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT AMOUNT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES YOUR MONTHLY FEE PAID BY CUSTOMER FOR THIS AGREEMENT YOU TO HP FOR THE HP PRODUCTS AT ISSUESERVICE FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVESome jurisdictions do not allow the exclusion or limitation of particular types of damages, IN NO EVENT WILL HPso the above limitation or exclusions may not apply to You in their entireties, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUbut will apply to the maximum extent permitted by applicable law.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP will not be liable for performance delays or for nonperformance due to causes beyond its reasonable control. To the extent HP is held legally liable to Customer, HP will be liable up to the following extent: (i) damages for bodily injury or death; (ii) direct damages to tangible property for any one or series of connected events up to a limit of 300,000 (three hundred thousand euro) or the local currency equivalent (in Middle-East and Africa, this limit is fixed at US$ 300,000 (three hundred thousand US Dollars) or local currency equivalent), or such higher amount imposed by imperative law; (iii) damages caused intentionally or through gross negligence; (iv) damages for which HP is liable regardless of fault (e.g. product liability); (v) damages resulting from the absence of Service features expressly warranted by HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROLand other direct damages for any claim based on a material breach of the Service, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMERup to a maximum of 110% of the total amount paid by Customer for this Agreement, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUEor such higher amount imposed by imperative law. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVETO THE EXTENT EXPRESSLY PROVIDED IN THIS AGREEMENT, NO WARRANTY IS EXPRESSED OR IMPLIED, AND IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIALINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFITOPPORTUNITIES, REVENUES OR PROFITS, WHETHER ACTUAL OR ANTICIPATED), FOR DAMAGES RELATING TO CUSTOMER’S PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, FOR DAMAGES RELATED TO LOSS OF DATA OR SOFTWARE RESTORATION, OR FOR OTHER DAMAGE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS, NOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUBY LAW.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control. To the extent HP is held legally liable to Customer, HP will be liable up to the following extent: (i) damages for bodily injury or death; (ii) direct damages to tangible property for any one or series of connected events up to a limit of £250,000 (two hundred fifty thousand pounds sterling), or such higher amount imposed by imperative law; (iii) damages caused intentionally or through gross negligence; (iv) damages for which HP is liable regardless of fault (e.g. product liability); (v) damages resulting from the absence of Service features expressly warranted by HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROLand other direct damages for any claim based on a material breach of the Service, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMERup to a maximum of 110% of the total amount paid by Customer for this Agreement, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUEor such higher amount imposed by imperative law. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVETO THE EXTENT EXPRESSLY PROVIDED IN THIS AGREEMENT, NO WARRANTY IS EXPRESSED OR IMPLIED, AND IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIALINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFITOPPORTUNITIES, REVENUES OR PROFITS, WHETHER ACTUAL OR ANTICIPATED), FOR DAMAGES RELATING TO CUSTOMER‟S PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, FOR DAMAGES RELATED TO LOSS OF DATA OR SOFTWARE RESTORATION, OR FOR OTHER DAMAGE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS, NOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUBY LAW.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP will not be liable for performance delays or for non- performance due to causes beyond its reasonable control. To the extent HP is held legally liable to Customer, HP will be liable up to the following extent: (i) damages for bodily injury or death; (ii) direct damages to tangible property for any one or series of connected events up to a limit of 300,000 euros (three hundred thousand euros), or such higher amount imposed by imperative law; (iii) damages caused intentionally or through gross negligence; (iv) damages for which HP is liable regardless of fault (e.g. product liability); (v) damages resulting from the absence of Service features expressly warranted by HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROLand other direct damages for any claim based on a material breach of the Service, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMERup to a maximum of 110% of the total amount paid by Customer for this Agreement, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUEor such higher amount imposed by imperative law. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVETO THE EXTENT EXPRESSLY PROVIDED IN THIS AGREEMENT, NO WARRANTY IS EXPRESSED OR IMPLIED, AND IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIALINDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFITOPPORTUNITIES, REVENUES OR PROFITS, WHETHER ACTUAL OR ANTICIPATED), FOR DAMAGES RELATING TO CUSTOMER‟S PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, FOR DAMAGES RELATED TO LOSS OF DATA OR SOFTWARE RESTORATION, OR FOR OTHER DAMAGE DAMAGES WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS, NOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUBY LAW.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMER, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID PERMITTED BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVELAW, IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS NST BE LIABLE FOR LOSS OF DATA ANY LOSSES OR FOR DAMAGES INCURRED BY LICENSEE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTALEXEMPLARY OR CONSEQUENTIAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS LOSS OR ANTICIPATED PROFITS, SAVINGS, INTERRUPTIONS TO BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF BUSINESS INFORMATION OR OTHER DATA, THE COST OF RECOVERING SUCH LOST PROFIT)INFORMATION OR DATA, THE COST OF SUBSTITUTE INTELLECTUAL PROPERTY OR ANY OTHER PECUNIARY LOSS ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE SOFTWARE REGARDLESS OF WHETHER NST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NST’S AGGREGATE LIBILITY IN RESOECT OF ANY AND ALL CLAIMS WILL BE LIMITED TO THE GREATER OF: (1) THE ANNUAL LICENSE FEE PAID BY LICENSEE FOR USE OF THE SOFTWARE; OR (2) ONE HUNDREDD U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCE GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER DAMAGE WHETHER BASED IN TORTS OR BREACH OF CONTRACT. 7 EXPORT LAWS Licensee agrees to comply with all applicable laws and regulations, TORTincluding export laws of the United States and any other applicable country or jurisdiction. Licensee agrees that the Software will not be shipped, OR OTHERWISEtransferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other country’s export laws, restrictions or regulations (collectively the “Export Laws”). SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTSIn addition if the Software is identified as export controlled items under the Export Laws, Licensee represents and warrants that Licensee is not a citizen, or otherwise located within, an embargoed nation (currently, including without limitation the following countries: Iran, Syria, Venezuela, Cuba, and North Korea) and that Licensee is not otherwise prohibited under the Export Laws from receiving the Software. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUThe Software shall not under no circumstances be used by Licensee for planning, construction, maintenance, operation or use, directly or indirectly in nuclear power plants, missile technology, chemical or biological weapons applications.

Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT IF YOU ARE DISSATISFIED WITH THE SERVICE, CARTRIDGES OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT ITS SUCCESSORS, OR AFFILIATES BE LIABLE FOR PERFORMANCE DELAYS ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS, LOST PROFIT, LOST REVENUE OR FOR NONPERFORMANCE DUE LOST DATA OR OTHER CONTENT) OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO CAUSES BEYOND THE SERVICE, CARTRIDGES OR SITE, WHETHER BASED IN CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF HP,ITS REASONABLE CONTROLSUCCESSORS, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLEAFFILIATES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT HP IS HP, ITS SUCCESSORS, OR AFFILIATES ARE HELD LEGALLY LIABLE TO CUSTOMERYOU, HP’S HP'S,ITS SUCCESSORS’, AND AFFILIATES’ AGGREGATE MAXIMUM LIABILITY TO YOU IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT AMOUNT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES YOUR MONTHLY FEE PAID BY CUSTOMER FOR THIS AGREEMENT YOU TO HP FOR THE HP PRODUCTS AT ISSUESERVICE FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVESome jurisdictions do not allow the exclusion or limitation of particular types of damages, IN NO EVENT WILL HPso the above limitation or exclusions may not apply to You in their entireties, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOUbut will apply to the maximum extent permitted by applicable law.