HP StorageWorks Division (SWD) Global Limited Warranty and Technical Support (For HP storage products purchased on or after September 14, 2009)

COST OF REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MALFUNCTION IN CONDITIONS OF
NORMAL USE.
EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR
THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS, BUSINESS INTERRUPTION,
LOSS OF DATA, LOST REVENUE, LOSS OF USE, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND,
OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. HP 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 HP OR AN AUTHORIZED REPRESENTATIVE OF
HP OF THE POSSIBILITY OF ANY SUCH DAMAGES OR EVEN IF SUCH POSSIBILITY WERE REASONABLY FORESEEABLE.
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.
Customer Responsibilities
To enable HP to provide the best possible support and service during the Limited Warranty Period, you will be required to:
Maintain a proper and adequate environment, and use the HP Hardware Product in accordance with the instruc-
tions furnished.
Verify configurations, load most recent firmware, install software patches, run HP diagnostics and utilities, and
implement temporary procedures or workarounds provided by HP while HP works on permanent solutions.
Allow HP to keep resident on your systems or sites certain system and network diagnosis and maintenance tools
to facilitate the performance of warranty support (collectively referred to as “Proprietary Service Tools”); Propri-
etary Service Tools are and remain the sole and exclusive property of HP. Additionally, you will:
Use the Proprietary Service Tools only during the applicable warranty period and only as allowed by HP
Install, maintain, and support Proprietary Service Tools, including any required updates and patches
Provide remote connectivity through an HP-approved communications line, if required
Assist HP in running the Proprietary Service Tools
Use the electronic data transfer capability to inform HP of events identified by the software
Purchase HP-specified remote connection hardware for systems with remote diagnosis service, if required
Return the Proprietary Service Tools or allow HP to remove these Proprietary Service Tools upon termination
of warranty support
Not sell, transfer, assign, pledge, or in any way encumber or convey the Proprietary Service Tools
In some cases, HP may require additional software such as drivers and agents to be loaded on your system in
order to take advantage of these support solutions and capabilities.
Use HP remote support solutions where applicable. HP strongly encourages you to use available support techno-
logies provided by HP. If you choose not to deploy available remote support capabilities, you may incur addi-
tional costs due to increased support resource requirements.
Cooperate with HP in attempting to resolve the problem over the telephone. This may involve performing routine
diagnostic procedures, installing additional software updates or patches, removing third-party options, and/or
substituting options.
Make periodic backup copies of your files, data, or programs stored on your hard drive or other storage devices
as a precaution against possible failures, alteration, or loss. Before returning any HP Hardware Product for
warranty support, back up your files, data, and programs, and remove any confidential, proprietary, or personal
information.
4