TERMS OF USE AND LEGAL RESTRICTIONS – HP WEBSTORE

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE OR PURCHASING PRODUCT OR SERVICES THROUGH THE HP CALL CENTRE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.

The following are the Terms under which Hewlett-Packard Australia Pty Ltd ACN 004 394 763 ABN 74 004 394 763 ("HP") sell and license standard Products and provide Services in Australia.

DEFINITIONS
"Equipment" refers to HP and Third Party hardware products supplied by HP under these Terms.
"Price List" refers to the applicable HP Australian price list or catalogue in effect when HP accepts Customer’s order.
"Products" refers to HP and Third Party Equipment and Software.
"Quotation" refers to the applicable HP quotation in effect when HP accepts Customer’s order.
"Services" refers to maintenance, consulting, integration or other services supplied by HP under these Terms.
"Software" refers to HP and third party computer programs (including databases and license keys) supplied by HP under these Terms.
"Third Party" Equipment, Products or Software are items supplied by HP under the brand name of a third party.

USE OF SITE
HP authorises you to view and download the materials at this website ("Site") only for your personal, non-commercial use provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. You may not link this web site to any other web site or document for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorised use of any materials at this Site may violate copyright, trademark and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials.

DISCLAIMERS
TO THE EXTENT PERMITTED BY LAW THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HP's obligations with respect to its products and services are governed solely by the agreements under which they are provided, and nothing on this Site should be construed to alter such agreements. HP further does not warrant the accuracy and completeness of the materials, software or services at this Site. HP may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and HP makes no commitment to update the materials and services at this Site. Information published at this 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. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to.

USE OF SOFTWARE
Any software that is made available to download from this Site is the copyrighted work of HP and/or its suppliers. Use of the software is governed by the terms of the end user license agreement which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.

USER SUBMISSIONS
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). HP will have no obligations with respect to the Communications. HP and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

LINKS TO OTHER WEBSITES
Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. HP has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, HP does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

TRADEMARKS

HP and the names of HP products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of * (c) Copyright 2003 Hewlett-Packard Development Company, L.P. and/or its subsidiaries.

Microsoft, Windows, Windows NT, SQL Server, Office and BackOffice are either trademarks or registered trademarks of Microsoft Corporation.

Intel, the Intel Inside logo, and Pentium are registered trademarks of the Intel Corporation or its subsidiaries in the United States and other countries.

The BlackBerry family of related marks, images and symbols are the exclusive properties of, and trademarks of Research In Motion Limited used by permission. "Always On, Always Connected" and the "envelope in motion" symbol are registered trademarks of Research In Motion used by permission.

Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.

GENERAL
HP may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

1. Application of Terms and Conditions of Sale
The following terms and conditions shall govern the sale by the HP entity named on the invoice ("HP" or "Seller") that will be provided to Customer for computer systems and/or related products sold by HP ("Products") unless (a) Customer has signed a separate formal purchase agreement with HP in which case the terms and conditions of the separate agreement shall govern or (b) unless other standard HP terms and conditions apply to the transaction. By ordering the Products and/or accepting delivery of the Products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. HP reserves the right to change these terms and conditions without prior written notice at any time at HP's sole discretion.

2. Other Documents Do Not Apply
Any term or condition of Customer's order which is any way inconsistent with or in addition to these terms and conditions shall not be applicable or binding on HP unless otherwise agreed in a written agreement signed by Customer and HP and HP's failure to object shall not be considered a waiver of these terms and conditions. These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed in writing by HP.

3. Prices
Prices and charges will be specified in the Price List or Quotation Prices and charges for products and services (including delivery) include GST. Quotations are valid for 7 days. HP will list delivery charges as a separate line item on its invoices. Services are charged at the hourly rates current at the time of purchasing the service with a minimum charge of 1 hour of those rates. Prices quoted are not inclusive of installation. If you need assistance in installation, you may purchase an installation and set-up service at the time of purchasing the Product or you can go to any of the HP authorised dealers for help.

4. Orders and Formation of Contract
All orders are subject to acceptance by HP, including HP satisfying any requirements under any US or other export control regulations. Electronic orders must satisfy any legal requirements that agreements be in writing. Products ordered and/or delivered cannot be returned or exchanged, unless otherwise agreed by HP, at its sole discretion. Cancellation or reschedule charges for services may be applicable. Any non-refundable deposit paid in relation to a cancelled order is irreversibly forfeited at the time of cancellation. Subject to this clause, Once you have submitted your order it is final and binding upon you.

5. Payment
Payment for Products is due prior to delivery of the Product. Payment for Services is due prior to return of the serviced goods to the Customer. Payment for Services is due upon receipt of invoice. Title in Products remains with HP until payment is made in full. Software remains under license. In any event you must make your payment in a form and at a time acceptable to HP. Where you make your purchase relying on credit provided by a third party, any acceptance by HP is subject to that third party providing credit to you. HP is not bound to complete the order and has no liability to you in the event that that third party fails to provide sufficient credit for the purchase.

6. Equipment, Substitution and Returns
Reconditioned parts may be used by HP during the performance of warranty and other servicing, provided they are of merchantable quality. All equipment removed during servicing becomes the property of HP on removal. All equipment replaced during servicing becomes the property of Customer on payment in full for the charges relevant to the applicable service.
HP may, at any time, without cause, substitute equivalent or superior components or equipment to that specified in an order. HP must not increase the price for the Product specified in the order as a result of that substitution without Customer’s consent. HP may elect to use its rights under this clause 5 where a specified part is not available or will not be available within a reasonable time frame.

7. HP Products Availability & Discontinuance

8. Warranties
8.1 Equipment
HP warrants that Equipment will be free of defects in workmanship and material provided such defects are reported during the warranty period specified in the Price List, Quotation, or documentation accompanying the HP Equipment. Equipment may be manufactured using some refurbished components or may have been used internally for reliability or performance testing.

8.2 Software
HP warrants that HP Software designated as warranted in the Price List, Quotation, or documentation accompanying the HP Software will substantially conform to the applicable Software Product Description or documentation accompanying the HP Software provided any non-conformance is reported during the warranty period specified in the Price List, Quotation, or documentation accompanying the HP Software. Software warranty does not include new releases or versions. To the extent permissible by law, all Software not expressly designated as warranted is provided "AS IS".

8.3 Commencement of Warranty
The above warranties will commence upon delivery of the Product. If the Product is installed by HP, the warranty period will commence from the date of installation.

8.4 Third Party Products
HP does not warrant Third Party Products, which HP distributes "AS IS" unless otherwise specified in the Price List Quotation, or documentation accompanying the Third Party Products. Third Party Products may be warranted by the third party as specified in the documentation accompanying the Third Party Products. HP will not be responsible for compatibility of products not manufactured or supplied by HP.

8.5 Exclusions
The above warranties do not apply to Products from which the serial numbers have been removed or to conditions resulting from improper use; external causes including installation, service or modifications not performed by HP or its authorised service providers; or operation outside the environmental parameters specified for the Product. HP does not warrant that the operation of any Product will be uninterrupted or error free. HP is not required to perform warranty service if it reasonably believes conditions at the Customer’s site represent a safety or health risk.
THE ABOVE WARRANTIES ARE HP’S ONLY WARRANTIES AND NO OTHER WARRANTY, EXPRESS OR IMPLIED, WILL APPLY. HP SPECIFICALLY EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THESE WARRANTY PROVISIONS ARE SUBJECT TO AND SHALL NOT DEROGATE FROM ANY MANDATORY STATUTORY PROVISIONS TO THE CONTRARY; NOTABLY THEY SHALL NOT EXCLUDE, RESTRICT OR MODIFY ANY CONDITION OR WARRANTY MANDATORILY IMPOSED BY ANY CONSUMER PROTECTION OR MANUFACTURER’S WARRANTIES LEGISLATION.

The provision of warranty services is subject to your compliance with HP’s warranty policy as it exists from time to time.

8.6 Warranty Remedies
To the extent permitted by law, HP’s obligations and Customer’s sole rights under any warranty whether express or implied are at the option of HP:
a) in the case of goods, any one or more of the following: (i) replacement of the goods or the supply of equivalent goods; (ii) repair of goods; or (iii) payment of the cost of replacing goods or of acquiring equivalent goods
b) in the case of services: (i) supplying of services again; or (ii) payment of the cost of having services supplied again.

9. Software Licensing
The following terms and conditions govern Customer’s use of Software licensed hereunder.

9.1 Grant of License
A license for the current version of the Software is granted upon acceptance of the license order, not upon delivery and is subject to payment of the license fee. Software contains proprietary technology of HP or third parties. No ownership in or title to Software is transferred to Customer.

9.2 License Rights and Limitations
Customer may use Software subject to the use rights and limitations defined in the applicable Software License Description, Software Product Description and documentation accompanying the Software.
Software is protected by copyright laws and international treaties. Customer may make backup or archival copies of Software and may use Software on a backup processor temporarily only where the copy of which it is a backup has ceased to function properly and only for the purpose of restoring a fully functional copy. Customer must not remove or modify any copyright and other proprietary notices which are in the Software or the manner in which they are presented to a user on use of that Software.
License keys may be installed and enabled for use in only one license management data base. Customer must not modify, subvert or make inoperable license keys or license management software. Customer may not disclose or make available Software to any other person or permit any person to use it except Customer’s employees and agents who use it on Customer’s behalf and who have agreed to these license terms.
Customer may not transfer a license to another party except with HP’s written permission.
Customer may not reverse engineer, decompile, or disassemble the Software except to the extent HP cannot prohibit such acts by law. Patches, updates and new versions supplied by HP remain subject to the software license terms applicable to the Software in relation to which they are supplied.

9.3 Software License Descriptions ("SLD")
The following is a subset of HP’s SLDs. Additional SLDs are in the Price List or supplied with the Software. A Traditional License permits use of the Software on one specified hardware/operating system. A Concurrent Use License permits a single execution or access of the Software at a time on one system or cluster configuration at a time and on a specified operating system. A Personal Use License permits use by one assigned person on one system or cluster configuration at a time and on a specified operating system. Thirty (30) day minimum license assignments are required unless for system management. An Operating System Base License permits batch, print, and file services as well as noninteractive display of information on a single specified system. When both the Base and SMP Extensions to the Base are offered, the Base license is required for the system’s first processor, and the SMP Extension for each additional processor. An Update License extends the underlying license to a subsequent version.

9.4 Additional Terms
Customer will maintain adequate records matching the use of Software to license grants and will make the records available to HP or the Third Party developer or owner of the Software on reasonable notice. The owner of Third Party Software may enforce these license terms. Upon advance notice, Customer will permit HP to use software audit tools on Customer’s systems.

9.5 Third Party
All shrink wrap Software, and all Third Party Software licensed directly by the owner of that Third Party Software, is subject only to the license terms accompanying the Software. HP has no contractual relationship with you in relation to that Software other than to deliver the media containing that software to you.

9.6 Termination of Software Licences
HP may terminate any license granted hereunder if Customer breaches any license term should such breach not be rectified within thirty (30) days of notice from HP. Upon termination, Customer will destroy all copies of the Software.

10. INTELLECTUAL PROPERTY INDEMNIFICATION
HP shall defend, at HP’s expense, any claim brought by a third party against Customer alleging that any Product purchased by Customer under this Agreement other than Third Party Software infringes a patent, copyright, or mask work right (the "Claim"). HP shall pay all costs and damages awarded or agreed to in settlement of the Claim, provided that Customer furnishes HP with prompt written notice of the Claim and provides HP with reasonable assistance and sole authority to defend or settle the Claim. HP shall obtain for Customer the right to continue using the Product, replace it, or modify it so it becomes non-infringing. If such remedies are not reasonably available, HP shall grant Customer a credit for the Product as normally depreciated and accept its return. HP shall have no liability for any Claim resulting from the combination of the Product with other products which were neither supplied nor combined with the Product by HP or if based on information or specifications provided by Customer.

11. Limitation of Liability
HP WILL BE LIABLE TO THE CUSTOMER FOR DIRECT DAMAGES UP TO THE PURCHASE PRICE FOR THE PRODUCTS, OR ANNUAL CHARGE FOR THE SERVICE, WHICH IS THE SUBJECT OF OR HAS GIVEN RISE TO THE CLAIM. THE FOREGOING LIMITATION WILL NOT REDUCE HP’S OBLIGATIONS UNDER SECTION 9, INTELLECTUAL PROPERTY INDEMNIFICATION, OR HP’S LIABILITY FOR PERSONAL INJURY. IN NO EVENT WILL HP BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF DATA, USE OR PROFITS. THESE LIMITATIONS APPLY TO ALL FORMS OF ACTION, WHETHER ARISING UNDER CONTRACT, STATUTE, TORT, OR OTHERWISE.
Any action against HP must be brought within eighteen months after the cause of action arises. For the purposes of limitation of liability in this Section 14, "HP" includes its officers, employees, subcontractors and suppliers. These provisions are subject to and shall not derogate from any mandatory statutory provisions to the contrary.

12. Export Statement of Assurance

Products obtained under these Terms may be subject to United States, Australian and other government export control laws and regulations. Customer must comply with those regulations whenever it exports or re-exports controlled products or technical data obtained from HP or any product produced directly from the controlled technical data.

13. General Provisions

HP Products are manufactured for standard commercial uses and are not intended to be sold or licensed for use in critical safety systems, in hospitals in situations where uninterrupted performance is desirable or in nuclear facilities. HP is not responsible for delay or failure to perform this Agreement due to causes beyond its reasonable control. Each party shall treat and hold confidential information provided to the other party which is marked as confidential or proprietary.

Customer may not assign or transfer any of its rights or obligations under these Terms without HP’s written consent, which consent will not be unreasonably withheld. HP may subcontract the performance of Services to qualified service suppliers.

All documents referred to in these Terms are incorporated into these Terms and are available from HP upon request. Any Customer site access requirements shall not be enforceable to either increase the obligations or liabilities or reduce the rights under these Terms of HP, its officers, employees, or subcontractors. Changes or modifications to any contract incorporating these Terms must be in writing and signed by the parties.

14. Governing Laws
Any contract or dispute arising in connection with Terms will be governed by laws in force in Australia.