Hewlett-Packard Company Website - Terms of use and legal restrictions |  | | | ATTENTION: PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("SITE") . USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS IF YOU DO NOT ACCEPT THESE TERMS, YOU NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS OR PHOTOGRAPHS) THAT HEWLETT-PACKARD COMPANY AND ITS SUBSIDIARIES (COLLECTIVELY "HP") MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT HP MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “HP WEBSITES.”
Use of HP Websites
Except as set forth in “Other agreements; software, services or access”, below, HP authorizes you to use the HP Websites only for your own personal, non-commercial purposes. Use of the HP Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform or distribute the Materials. As between you and HP, HP owns the HP Websites. The HP Websites are protected under United States and international copyright laws. Any unauthorized use of the HP Websites may violate copyright, trademark and other laws. If you breach any of these Terms, your authorisation to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Access
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the HP Websites and for paying all charges related thereto. When you register to open an account anywhere on the HP Websites or when you contact HP through the HP Websites for the purpose of receiving products or services, HP may collect certain personal information about you. HP’s use of such information is governed by the provisions of the HP Online Privacy Statement for the Site. By using our Site, you consent to such processing and you warrant that all data provided by you is true, accurate, current and complete information (and, for as long as you continue to use your HP Websites account, you agree to update such information and to keep it true, accurate, current and complete). You are responsible for maintaining the confidentiality of your HP Websites password and you are solely responsible for all activities that occur under your password. You agree to notify HP immediately of any unauthorized use of your password or any other breach of security related to the HP Websites. HP reserves the right to require you to change your password if HP believes that your password no longer is secure. Access to HP Websites granted under other separately executed agreements by HP and You shall supersede the terms contained in this Section.
Prohibited uses
You agree not to use the HP Websites (including, without limitation, any Materials or Services you may obtain through your use of the HP Websites): (a) in a manner that violates any local, state, national, foreign or international statute, regulation, rule, order, treaty or other law (each a “Law”); (b) to stalk, harass or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the HP Websites or servers or networks connected to the HP Websites. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the HP Websites; or (y) attempt to gain unauthorized access to any portion of the HP Websites or any other accounts, computer systems or networks connected to the HP Websites, whether through hacking, password mining or any other means and as further detailed below.
Viruses, Hacking and other offences:
You must not misuse the HP Websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the HP Websites, the server on which the HP Websites are stored or any server, computer or database connected to the HP Websites. You must not attack the HP Websites via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the HP Websites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the HP Websites or to your downloading of any Materials posted on it, or on any website linked to it.
Termination
Except as set forth in “Other agreements; software, services or access”, below, HP may terminate, suspend or modify your registration with, or access to, all or part of the HP Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the HP Websites at any time. If you breach any of these Terms, your authorization to use the HP Websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
Disclaimers and Limitation of Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
o loss of income or revenue; o loss of business; o loss of profits or contracts;
o loss of anticipated savings; o loss of data; o loss of goodwill;
o wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Other agreements; software, services or access
HP may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation or training) or access to HP Websites under the terms of a separate agreement between you and HP (each, an “Other Agreement”). HP’s obligations with respect to any product, service or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the HP Websites ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to HP Websites
HP reserves the right to modify, suspend or discontinue the HP Websites at any time without notice to you. For example, HP may make changes to the Materials and/or Services or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and HP makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs or services that are not available in your country. Consult your local HP business contact for information regarding the products, programs and services that may be available to you.
User submissions
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy [INSERT AS LINK TO ACCEPTABLE USE POLICY]. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy [INSERT AS LINK TO ACCEPTABLE USE POLICY].”
Links to third-party websites
Links on the HP Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the HP Websites. HP is not obliged to review such third-party websites, does not control such third-party websites and is not responsible for any such third-party websites (or the products services, or content available through the same). Thus, HP does not endorse or make any representations about such third-party websites, any information, software, products, services or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the HP Network, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Without HP’s written authorization to the contrary, a website that links to this Site:
(a) may link to, but shall not replicate, any Materials (including any HP logo);
(b) shall not create a browser or border environment around any Materials;
(c) shall not imply that HP endorses such website or any products, services or content available through such website;
(d) shall not misrepresent its relationship with HP;
(e) shall not present false or misleading information about HP, its products or its services;
(f) shall not contain content that could be construed as distasteful, offensive or controversial; and
(g) shall contain only content that is appropriate for all age groups. HP reserves the right to withdraw linking permission without notice.
Trademarks
HP, COMPAQ and any other product or service name or slogan or logo contained in the HP Websites are trademarks of HP and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of HP or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with HP or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark or product or service name of HP without HP’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of HP and may not be copied, imitated or used (in whole or in part) without HP’s prior written permission. Reference to any products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by HP.
Without limiting the generality of the foregoing:
(a) Microsoft, Windows and Windows Vista are either US registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries; and
(b) Celeron, Celeron Inside, Centrino, Centrino Inside, Core Inside, Intel, Intel Logo, Intel Atom, Intel Atom Inside, Intel Core, Intel Core Inside, Intel Inside Logo, Intel Viiv, Intel vPro, Itanium, Itanium Inside, Pentium, Pentium Inside, ViiV Inside, vPro Inside, Xeon and Xeon Inside are trademarks of Intel Corporation in the U.S. and other countries.
U.S. Government Restricted Rights:
Any Materials that are downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") are subject to the provisions of FAR 12.211 - "Technical Data" and FAR 12.212 - "Computer Software" or to clauses providing HP equivalent protections in DFARS or other agency specific regulations.
International and export issues
HP administers this Site from its offices in Palo Alto, California. HP makes no representation that the HP Websites are appropriate or available for use outside the United Kingdom and access to the HP Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the HP Websites from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all applicable export and re-export restrictions and regulations including without limitation such applicable laws of the United Kingdom and United States in connection with your use of the HP Websites and will not, in violation of any Laws, transfer or authorize the transfer of any Materials to a prohibited country or otherwise. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Electronic communications
When you visit the Site or send e-mails to HP, you are communicating with HP electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures and other communications that HP provides to you electronically satisfy any legal requirement that such communications be in writing.
General
These Terms, together with any additional terms to which you agree when using particular elements of the HP Websites, constitute the entire and exclusive and final statement of the agreement between you and HP with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and HP with respect to such subject matter. The HP Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and HP shall be governed by the laws of England and Wales and by using this Site you submit to the exclusive jurisdiction of the English courts. The failure of HP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this agreement, and the validity and enforceability of the other provisions of this agreement shall not be affected. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the HP Websites. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by HP without restriction.
Modifications to these Terms
HP may, at its sole and absolute discretion, change these Terms from time to time. HP will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the HP Websites. Continued use of the HP Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the HP Websites and, in such circumstances, the expressly designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
Revised September 2008 | |
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