HP 470022-515 - Evo - D300 Warranty - Page 4

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These terms and conditions constitute the complete and exclusive warranty

agreement between you and Compaq regarding the Compaq branded product

you have purchased or leased. These terms and conditions supersede any prior

agreements or representations—including representations made in Compaq sales

literature or advice given to you by Compaq or an agent or employee of

Compaq—that may have been made in connection with your purchase or lease

of the Compaq branded product. No change to the conditions of this Limited

Warranty is valid unless it is made in writing and signed by an authorized

representative of Compaq.

Limitation of Liability

IF YOUR COMPAQ BRANDED HARDWARE PRODUCT FAILS TO WORK AS

WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE

REPAIR OR REPLACEMENT. COMPAQ'S MAXIMUM LIABILITY UNDER THIS

LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE

YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR

REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MALFUNCTION IN

CONDITIONS OF NORMAL USE.

COMPAQ IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR

THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST

PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES. COMPAQ 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. THIS

LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE

ADVISED COMPAQ OR AN AUTHORIZED REPRESENTATIVE OF COMPAQ OF

THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY,

HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.

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.

Options and Software

The Limited Warranty terms and conditions for Compaq options are as indicated

in the Limited Warranty applicable to Compaq options.

COMPAQ DOES NOT

WARRANT SOFTWARE PRODUCTS, INCLUDING ANY SOFTWARE PRODUCTS

Compaq's only

OR THE OPERATING SYSTEM PREINSTALLED BY COMPAQ.

obligations with respect to software distributed by Compaq under the Compaq

brand name are set forth in the applicable end-user license or program license

Warranty Documentation Team Saved date: 07/16/02 9:08 AM

File name: 176499-008.doc