10. LIMITATION OF LIABILITY. 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 Product 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, FOR LOSS OF PRIVACY ARISING OUT
OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE PRODUCT, 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.
11. 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.
12. COMPLIANCE WITH EXPORT LAWS. You shall comply
with all laws and regulations of the United States and other
countries/regions ("Export Laws") to assure 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,
nuclear, chemical, or biological weapons proliferation.
13. 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.
14. APPLICABLE LAW. This EULA is governed by the laws of
the State of California, U.S.A.
15. ENTIRE AGREEMENT. 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 Product and it 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 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.
© 2004 Hewlett-Packard Development Company, L.P.
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 should be construed as
constituting an additional warranty. HP shall not be liable
for technical or editorial errors or omissions contained
herein.
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