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<br />MO <br /> <br />invenl <br /> <br />HP TERMS AND CONDITIONS OF SALE AND SERVICE <br />Exhibit E16 <br /> <br />third party Products and support <br />provide their own warranties as <br />Products and Support. <br /> <br />AS IS. However, <br />specified in the <br /> <br />the original manufacturers of suppliers may <br />documentation accompanying such third party <br /> <br />m) The above warranties do not apply to defects resulting from: <br /> <br />1) improper or inadequate maintenance by Customer; <br /> <br />2) Customer or third party supplied software, interfacing or supplies; <br />3) unauthorized modification; <br /> <br />4) improper use or operation outside of the Specifications for the Product; <br /> <br />5) abuse, negligence, accident, loss or damage in transit; <br /> <br />6) improper site preparation; or <br /> <br />7) unauthorized maintenance or repair. <br /> <br />n) THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR <br />IMPLIED. TO THE EXTENT PERMITTED BY LAW, HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF <br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. <br /> <br />9. SUPPORT <br /> <br />a) Customer may order Support from HP' s then current Support offering. Some Support <br />Products) may not be available in all countries. Orders for Support are subject to <br />the Support Exhibit or quotation in effect on the date of order. <br /> <br />(and related <br />the terms of <br /> <br />b) To be eligible for Support, Products must be at current specified revision levels and, in HP' s <br />reasonable opinion, in good operating condition. <br /> <br />c) HP may, at no additional charge, modify Products to improve operation, supportability and <br />reliability, or to meet legal requirements. <br /> <br />d) Relocation of Products is Customer's responsibility. Relocation may result in additional Support <br />charges and modified service response times. Support of Products moved to another country is <br />subject to availability. <br />e) HP will provide Support for products that are not HP Branded when approved by HP in writing. HP <br />will provide Support for HP Products when Customer allows HP to perform modifications if requested <br />by HP under section 9. c) above, Customer is responsible for removing any products not eligible <br />for Support to allow HP to perform Support services. If Support services are made more difficult <br />because of such product(s), HP will charge Customer for the extra work at HP's standard rates. <br />f) Support does not cover any damage or failure caused by: <br /> <br />1) use of non-HP media, supplies and other products; or <br /> <br />2) site conditions that do not conform to HP's site specifications; or <br /> <br />3) neglect, improper <br />Customer, work or <br />causes beyond HP's <br /> <br />use, fire or <br />modification by <br />control; or <br /> <br />water damage, electrical disturbances, transportation by <br />people other than HP employees or subcontractors, or other <br /> <br />4) inability of any non-HP products in Customer's environment to correctly process, provide or <br />receive date data (i .e., representations for month, day, and year), and to properly exchange <br />date data with the Products supplied by HP, <br /> <br />g) Customer is responsible for maintaining a procedure external to the Products to reconstruct lost <br />or altered Customer files, data or programs. Customer will have a representative present when HP <br />provides Support services at Customer's site. Customer will notify HP if Products are being used <br />in an environment which poses a potential health or safety hazard to HP employees or <br />subcontractors; HP may require Customer to maintain such Products under HP supervision and may <br />postpone service until such hazard is remedied. <br />h) Customer may delete Products under Support or cancel Support orders upon thirty (30) days written <br />notice unless otherwise agreed in a Support agreement. HP may cancel Support orders or delete <br />Products no longer included in HP's Support offering upon sixty (60) days written notice unless <br />otherwise agreed in a Support agreement. <br /> <br />E16 <br />Revision Date 01-nov-2002 <br /> <br />Page3/6 <br />Revision Number 10 <br />