HP Neoview Platform Global Warranty Statement

This Global Limited Warranty Statement defines the warranty period and restrictions that apply to HP Neoview Data Warehouse Platform for Business Intelligence Products (individually "Hardware" or "Software" and collectively "Product") furnished by HP or its authorized reseller with this Limited Warranty. This Limited Warranty is offered in any country where HP or its authorized support providers offer Product warranty services, regardless of the country of purchase. This Limited Warranty does not apply to software provided by HP and used primarily for system and network diagnostic and maintenance programs ("Proprietary Service Tools").

HP warrants that on the Date of Installation and thereafter (a) for a period of one (1) year from the Date of Installation, Hardware will not fail to meet its then-current specifications published by HP due to a defect in material and workmanship; and (b) for a period of ninety (90) days from the Date of Installation, each item of Software will not fail to perform as described in its then-current user documentation published by HP. "Date of Installation" means the date the Product Installation and Initialization Service is completed by HP; provided, however that if Customer schedules or delays installation by HP more than thirty (30) days after delivery, the Date of Installation will be the thirty-first (31st) day after the date of delivery.

Subject to applicable warranty-upgrade fees or zone charges, if any, HP will repair or replace defective Hardware during the warranty period at no additional charge. If Hardware has a recurring failure, HP, at its discretion, may elect to replace the Product with a comparable product. Any replaced Product assumes the warranty status of the removed Product. All replaced Product under this Limited Warranty becomes the property of HP; failure of Customer to return or otherwise enable HP to take possession of any replaced Product may result in HP billing Customer for the list price of such Product.

HP DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, HP DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION AND PRODUCTS PROVIDED. TO THE EXTENT PERMITTED BY LAW, HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

Customer Responsibilities

During the warranty period, the Customer will:

• Establish inbound and outbound ISEE connectivity with the HP Global Mission Critical Solution Center (“GMCSC”) so that HP can monitor and provide remote-access warranty support for the Product;

• Provide peripheral cabling including fiber optics;

• Provide adequate workspace to enable HP to perform support, and provide internal system space for continuous operation of any Proprietary Service Tools;

• Allow HP to keep resident on Customer’s 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”); Proprietary Service Tools are and remain the sole and exclusive property of HP.  Additionally, Customer will:

    - Use the Proprietary Service Tools only during the applicable 
      warranty period and only as allowed by HP

    - Allow HP to Install, maintain, and support Proprietary Service 
      Tools, including any required updates and patches

    - Assist HP in running the Proprietary Service Tools

    - Purchase HP-specified remote connection hardware for
      systems with remote diagnosis service, such as a VPN, if 
      required 

    - If requested by HP, 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

• Use HP remote support solutions where applicable.  If Customer chooses not to deploy available remote support capabilities, Customer may incur additional costs due to increased support resource requirements;

• Identify, document, and report each Product problem that necessitates warranty service;

• Supply HP with all documentation and assistance necessary to demonstrate and allow HP to diagnose the problem;

• Provide direct, dedicated access as approved by HP enabling HP to access the Hardware to perform diagnostic tests;

• Maintain the environment of and operate Product according to instructions furnished by the manufacturer;

• Notify HP in writing at least 30 days before moving the Product;

• Designate an employee and an alternate who (i) will direct all requests for warranty service to the GMCSC, (ii) are able to perform diagnostic tests, and (iii) will provide HP with assistance necessary to demonstrate, diagnose, and correct malfunctions. Such employee or alternate will be available during all warranty service actions;

• Make periodic backup copies of Customer files, data, or programs stored on a hard drive or other storage device as a precaution against possible failures, alteration, or loss and maintain a procedure to reconstruct lost or altered files, data or programs that is not dependent on the Product under warranty support;

• Back up files, data, and programs, and remove any confidential, proprietary, or personal information before returning any HP Hardware for warranty support;

• Notify HP if you use HP Hardware Products in an environment that poses a potential health or safety hazard to HP employees or subcontractors.  HP may require you to maintain such products under HP supervision and may postpone warranty service until you remedy such hazards; and

• At HP's request, remove equipment, parts, accessories, or attachments that are not covered under this Limited Warranty prior to performance of warranty services by HP.

Warranty Service

The GMCSC will assist in problem diagnosis as part of the standard Product warranty service during standard office hours which are typically 8:00 a.m. to 5:00 p.m., local time, Monday through Friday, excluding local HP holidays.

If HP’s problem diagnosis dictates, HP will ship replacement Hardware or parts thereof for customer self repair (“CSR”). Based on availability and where geography permits, CSR parts will be shipped for next business day delivery. Same-day or four-hour delivery is offered at an additional charge where geography permits. If Customer requires assistance to replace a CSR part, Customer may call the GMCSC for telephone support.

In the materials shipped with the CSR part, HP specifies whether the defective part must be returned to HP and provides shipping material to do so. If such return is required, Customer must ship the defective part to HP in the provided shipping material and within the period of time defined in the materials, normally five (5) business days. HP will determine the courier/carrier to be used and pay all shipping and part return costs.

If HP determines that on-site warranty service is needed, the response time will typically be scheduled for the next business day during standard office hours but may vary with local business practices. If such on-site service is at Customer request, Customer will be charged for the travel and labor costs.

In the course of providing warranty service, remanufactured parts which are equivalent to new in performance may be used.

Subject to Customer’s use of ISEE, HP will provide available Software patches, fixes and/or workarounds during the warranty period.

Warranty service also includes access to applicable Web-based tools and services.

Warranty Upgrade

Upgrades to this Limited Warranty, including extended hours of coverage on Hardware, on-site service, and reduced response time, are available. Contact your local authorized HP support provider for details. Some offerings may not be available in all locations.

Warranty Transfers to Another Country and notification process

Under this Limited Warranty, Product may be purchased in one country and transferred to another country where HP has a support presence without voiding the warranty. Service availability and response times may vary from country/region to country/region. Contact the local HP Support organization for applicable response times. Customer must submit a Global Warranty Notification Form before transferring Product to another country. Customer may also be required to provide additional information prior to moving Product that will help HP verify that Product is designed to work in the destination country and that HP is prepared to provide applicable warranty service in the destination country.

HP is not responsible for any tariffs or duties that may result from transferring the Product. Transfer of the Product may be covered by export controls issued by the United States or other governments.

Warranty Limitations and Exclusions

This Limited Warranty extends only to the original purchaser and may not be transferred to any other party. This Limited Warranty does not apply to cosmetic repairs, refurbishment, consumables, supplies or accessories, making accessory changes, or attaching additional devices.

This Limited Warranty does not extend to any Product if repair or parts replacement is required as a result of:

• Accident, neglect, misuse, failure of electric power, failure of Customer to provide appropriate environmental conditions, relocation of the Product, or causes other than ordinary use;

• Failure caused by a product not currently under HP support or HP warranty, if such product is found to be the cause of such failure;

• Customer's connection of another machine or device to Hardware that makes warranty service impractical or that has caused damage to such Hardware;

• Repair or alteration, or attempted repair or alteration, of a Product by anyone other than HP or an HP-authorized support provider; or

• Damage caused by natural or man-made acts or disasters

Limitation of Liability and Remedies

TO THE EXTENT ALLOWED BY APPLICABLE LOCAL LAW, THESE TERMS AND CONDITIONS CONSTITUTE THE COMPLETE AND EXCLUSIVE WARRANTY AGREEMENT BETWEEN CUSTOMER AND HP REGARDING THE PRODUCT. IF THE PRODUCT FAILS TO WORK AS WARRANTED ABOVE, HP’S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY PRODUCT 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 COMMERICAL 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 CUSTOMER HAS 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 SPECIFIC LEGAL RIGHTS. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. CUSTOMER IS ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF APPLICABLE RIGHTS.

• Product name, marketing identifier, and Product serial number

• Applicable error messages

• Third-party hardware or software