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~a' inyent HP TERMS AND CONDITIONS OF SALE AND SERVICE Exhibit E16 HP 1 S sale of Products and Support and HP' s license of Software are governed by these HP Terms and Conditions of Sale and Service. 1. DEFINITIONS a) "Delivery" means standard HP shipping to and arrival at the receiving area at the "Ship To" address specified in Customer's order. b) "Exhibits" means attachments that describe or otherwise apply to the sale or license of Products or Support. c) "License Fee" means the fee or fees designated by HP for Use of Software. Different License Fees may apply to particular Software if more than one Software License is available for that Software. d) "Products" means hardware, Software, documentation, accessories, supplies, parts and upgrades that are determined by HP to be available from HP upon receipt of Customer's order. "Custom Products" means Products modified, designed or manufactured to meet Customer requirements. e) "Software" means one or more programs capable of operating on a controller, processor or other hardware Product ("Device") and related documentation. Software is either a separate Product, included with another Product ("Bundled Software"), or fixed in a Device and not removable in normal operation ("Firmware"). f) "Software License" means the Software license grant and general license terms set forth herein. Each Software License has a corresponding License Fee. g) "Specifications" means specific technical information about HP Products which is published in HP Product manuals and technical data sheets in effect on the date HP ships Customer's order. h) "Support" means hardware maintenance and repair; Software updates and maintenance; training; and other standard support services provided by HP. "Custom Support" means any agreed non-standard Support, including consulting and custom project services. i) "Use" means storing, loading, installing, executing or displaying Software on a Device. 2. PRICES a) Prices are valid for the period quoted by HP or for the applicable purchase agreement ordering period, whichever expires first. Product prices for an order remain valid for ninety (90) days from the original order date unless otherwise quoted by HP. Change orders that extend Delivery beyond those validity periods become new orders at prices in effect when HP receives the change orders. Support prices, except for Custom and prepaid Support, may be changed by HP upon sixty (60) days written notice. b) Prices are exclusive of, and Customer will pay, applicable sales, use, consumption, goods and service, value added or like taxes, unless Customer has provided HP with an appropriate exemption certificate for the Delivery jurisdiction. 3. ORDERS a) All orders are subject to acceptance by HP. Product orders must specify Delivery within ninety (90) days from order date, unless otherwise agreed or quoted by HP. b) Customer will specify Ship To addresses within the country where the order is placed, unless otherwise agreed. c) Customer may cancel orders for Products (except Custom Products) prior to shipment at no charge. 4. DELIVERY HP will make reasonable efforts to meet Customer's Deli very requirements. Customer's Delivery requirements, alternative arrangements may be agreed. agreement, Customer's sole remedy is to cancel the order. If HP is unable to meet In the absence of such 5. SHIPMENT, RISK OF lOSS OR DAMAGE, AND TITLE HP will ship according to HP's standard commercial practice, and risk of loss or damage and title will pass from HP to Customer at the Ship To address. Shipping and handling charges will be listed separately on HP's invoice when not included in the Product's purchase price. If Customer requested special packing or shipping instructions are agreed to by HP, charges will be billed separately to E16 Revision Date 01-nov.2002 Page 1/6 Revision Number 10 EXHIBIT G '(