HP Wolf Pro Security Edition Terms of Service

THE FOLLOWING “HP WOLF PRO SECURITY EDITION TERMS OF SERVICE” (“TERMS”) ARE BETWEEN THE HP ENTITY NAMED AT THE FOOT OF THESE TERMS (“HP”) AND YOU, EITHER IN YOUR OWN RIGHT OR ON BEHALF OF YOUR EMPLOYER, AND APPLY TO YOUR USE OF HP’s HP WOLF PRO SECURITY EDITION (“THE SERVICES ”). TO THE EXTENT THAT ANY SEPARATE OR ADDITIONAL TERMS APPLY TO YOUR USE OF THE SERVICES AND CONFLICT WITH THESE TERMS (FOR EXAMPLE, TERMS FROM A MARKETPLACE, SYSTEM INTEGRATOR, OR THIRD PARTY THAT PROVIDED YOU WITH SUBSCRIPTIONS TO THE SERVICES) THE TERMS OF THESE TERMS SHALL CONTROL YOUR USE OF AND ACCESS TO THE SERVICES.

THE WORD “YOU” OR “CUSTOMER” AS USED IN THESE TERMS REFERS TO THE ENTITY (“EMPLOYER”) THAT HAS OBTAINED THE RIGHT TO USE SUBSCRIPTIONS AND SERVICES AND MEANS THE EMPLOYER FOR ITSELF AND ON BEHALF OF ITS EMPLOYEES AS USERS OF THE SERVICES (“USER”).

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH HP.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES AND YOU MUST NOT USE OR OTHERWISE ACCESS THE SERVICES. USING OR OTHERWISE ACCESSING ANY PART OF THE SERVICES INDICATES THAT YOU ACCEPT THESE TERMS AND AGREE TO BE LEGALLY BOUND BY ALL OF ITS TERMS. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE AND OF THE REQUIRED AGE TO LEGALLY ENTER INTO A CONTRACT IN YOUR JURISDICTION OF RESIDENCE AND, IF APPLICABLE, YOU ARE DULY AUTHORIZED BY YOUR EMPLOYER TO ENTER INTO THIS CONTRACT ON BEHALF OF YOUR EMPLOYER.

YOU MAY REVIEW, SAVE OR PRINT ANY PART OF THESE TERMS. WE ENCOURAGE YOU TO PRINT OUT A COPY OF THIS ENTIRE DOCUMENT AND REFER TO IT AS YOU USE THE SERVICES.

  1. DATA COLLECTION.

    1. The collection, use and sharing of data shall be governed by the HP Privacy Policy located at www.hp.com/go/privacy. The Services enable HP to capture and view Your data, including, but not limited to IT infrastructure, software used, and IT support needs. You acknowledge and agree that HP has permission to view and collect this data for purposes of improving Service delivery and understanding data trends. HP, at its sole discretion but to the extent reasonably necessary for the purpose of this Agreement (including but not limited to data analysis, maintenance and/or improvement of the Services), may share data with third parties as described in the HP Privacy Policy. Any data reviewed and collected under this Agreement shall not be deemed Your confidential information.
    2. DATA COLLECTION BY PROVIDER OF THIRD PARTY SERVICES: Any collection or use of your personal, technical or other information related to your use of Third Party Services is subject to the terms of your agreement with the provider of the Third Party Services and that Third Party Services provider’s privacy statement.

  2. DEFINITIONS.

    As used in these Terms, the following capitalized terms have the following meanings:

    1. “Authorized User” means an individual who has created a User Account, accepted these Terms, and is accessing and using the Services on behalf of and under the control, direction or management of a Customer.
    2. “Software” means the client and cloud-based software components that HP makes available for download that must be installed in connection with the use of our Services, including but not limited to the software components located at the Website and all new versions, updates, revisions, improvements and modifications thereof.
    3. “Customer” means the business entity or organization that has created a User Account, accepted these Terms and owns the Subscriptions to the Services.
    4. “Customer Properties” means Customer’s Devices, apps, files owned and operated by (or for the benefit of) Customer through which Customer uses the Services to manage their account and Devices.
    5. “Dashboard” means the Services’ user interface to enroll, configure, and administer Customer Properties with Services or Third Party Services.
    6. “Data” means any and all data and information, in any form or medium, that is collected, downloaded, uploaded or otherwise received, directly or indirectly, by or through the Services, including any data or information derived or processed by the Services based on a User’s use of and/or access to the Services.
    7. “Device” means personal computing devices.
    8. “Documentation” means any explanatory materials, operating or training manuals, or other materials that HP makes available to you that describe the functionality, components, features or requirements of the Services.
    9. “End User” means an individual or entity that is accessing and using the Services on behalf of and under the control, direction or management of a Customer.
    10. “Fee” means the fee you pay to HP for purchased Services made available during a Subscription Term.
    11. “Materials” means HP’s Software, Documentation, Systems, Data, account information and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technology and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided to or accessed by you via the Platform (other than Third-Party Services) or used by HP in connection with the Services.
    12. “No-Charge Services” means Services or certain features and functionalities made available to you at no charge, including a free Subscription plan and beta versions.
    13. “Platform” means the software platform operated by HP that enables users to run software applications for the deployment and management of the Services with Customer Properties.
    14. “Services” means the services, products, software, and support made available to you by Subscription that are developed, operated and maintained by us and accessible at the Website or other designated URL including, but not limited to, HP’s Website, Platform, Materials, Add-Ons and other related products and services.
    15. “Software” means all the software and/or applications made available by HP whether cloud-based or Software, and all new versions, updates, revisions, improvements and modifications thereof.
    16. “Subscription” means the tiered offerings of applicable services, products, software, and support provided by HP for a specified period of time and purchased through authorized websites and channel partners of HP.
    17. “Subscription Term” means the period of time for which you have access to HP Services beginning on the Subscription Start Date.
    18. “Subscription Start Date” means the date you are given access to the Services.
    19. “Supplemental Terms” means additional policies or agreements related to the provision of the Services which HP may present to you through your Dashboard, HP product datasheets, acknowledgement e-mail, the Website, or otherwise. Supplemental Terms are incorporated into and form a part of these Terms.
    20. “Systems” means the information technology infrastructure used by or on behalf of HP in performing the Services, including all computers, software, hardware, database, electronic systems (including database management systems) and networks, whether operated directly by HP or through the use of Third-Party Services.
    21. “Third-Party Services” means any services, materials or information, in any form or medium, including any software, documents, data, content, specifications, products, games, devices, equipment or components that are used in conjunction with, or of or relating to the Services, or use thereof that are not owned or proprietary to HP.
    22. “Users” means all users of the Services, including Customers, Authorized Users, and End Users.
    23. “Website” means HP’s website www.hpwolf.com, and all corresponding or associated domains, subdomains, web pages and websites.

  3. The Services.

    1. Provision of Services. HP makes the Services available to you on a subscription basis pursuant to these Terms and Supplemental Terms. Services are available subject to our sole discretion and, in some cases, may be limited based on region.
    2. No-Charge Services. HP may offer No-Charge Services to you, which may be modified, terminated and/or limited in use, functionality and support at any time without notice. Your use of No-Charge Services is subject to these Terms and any applicable Supplemental Terms. Notwithstanding the foregoing, No-Charge Services are provided on an “AS IS” basis and are not subject to any warranties, indemnification or liability or other contractual obligations applicable to other Services unless such exclusions are not enforceable under applicable law.
    3. Add-ons. HP may make certain additional services, capacity, enhancements, features, third-party services or other elements available to you for purchase (“Add-on”) on a per Device basis or for a flat fee, as applicable. If not purchased on the Subscription Start Date, Add-ons will be co-termed to the underlying Subscription Term. All Add-ons are subject to these Terms and any applicable Supplemental Terms.
    4. Changes to the Services. HP will occasionally provide automatic upgrades or make modifications to the Services or to our Materials in order to maintain or enhance your experience, improve the cost efficiency or performance or competitive strength of the Services, or to comply with applicable laws, regulations or orders. These changes may not be consistent across all devices and may include the addition or discontinuance of a feature or functionality. HP reserves the right to make changes with or without notice to you.

  4. Use of the Services.

    1. Access and Use. HP will provide access to and use of the Services solely for Customer’s internal operations or functions except as expressly provided in the Terms. HP will also provide access to and use of the Services to a Customer or an individual authorized by the Customer to access and use the Services on its behalf (including its Authorized Users and End Users) in accordance with these Terms. Customer acknowledges that each of its Users must agree to these Terms prior to use of the Services and that Customer will be responsible for ensuring compliance by each of its Users with these Terms and for any breach of these Terms by its Users. This includes the right, as part of your authorized use of the Services, to download and use the Software according to the terms and conditions set forth in Section 5.b, below. Any limits that apply to your use of the Services will be determined by the Services plan and the functionality of Services to which you subscribe and by these Terms. Customer may permit its Contractors to serve as Users, provided Customer remains responsible for compliance by such individuals with all of the terms and conditions of these Terms, and any use of the Services by such individuals is for the sole benefit of Customer.
    2. User Account. In order to register for an account (“User Account”), you must be at least 18 years of age or the minimum age in your jurisdiction for entering into a binding contract. To register for a User Account, you must create a username and password combination (“User Credentials”) and provide a name, address, and email address, and/or certain personal data. HP collects, uses and stores such personal data in accordance with the HP Privacy Policy.
    3. General Restrictions. Customer will not (and will not permit any third party to): (a) rent, lease, provide access to or sublicense the Services to a third party; (b) use the Services to provide, or incorporate the Services into, any product or service provided to a third party; (c) copy or modify the Services or any Documentation, or create any derivative work from any of the foregoing; (d) remove or obscure any proprietary or other notices contained in the Services ; (e) publicly disseminate information regarding the performance of the Services, or (f) exceed any usage or Subscription limitations identified in the Supporting Material.

  5. Licenses.

    1. Service License. Subject to and conditioned on your compliance with these Terms. HP grants you a non-exclusive, non-transferable, non-sublicensable, limited right during the Subscription Term to access and use the Service solely for the purposes of managing your Customer Properties.
    2. Software License. Subject to and conditioned on your eligibility to use the Services and compliance with these Terms and the Documentation, HP grants to Customer a limited, non-transferable, non-sublicensable, non-exclusive limited right to download and use the object code versions of the Software solely for accessing the Services during the Term of these Terms.

  6. Subscriptions.

    1. Subscriptions. Services are offered on a subscription basis through free and paid Subscription plans. The current Subscription plans and any available Add-ons and their corresponding fees are available on our Website. HP will provide you with a confirmation email describing your Subscriptions, and such email may include (as appropriate):
      1. The duration of your Subscription;
      2. Any minimum Subscription term;
      3. The quantity of Subscriptions purchased;
      4. Any Subscription limits (for example, data limits or page limits); and
      5. As Customer is responsible for maintaining any software or hardware which is required for your use of the Subscriptions, any system or other requirements necessary for the Subscriptions to be effective.

      You agree that your use of the Services shall not exceed the limitations (such as maximum number of users or devices) specified in your confirmation email or otherwise agreed between us. HP reserves the right to suspend your access to the Services after the agreed usage limitations are exceeded and reasonable notice of such suspensions is provided by HP.

    2. Initial Subscription Term. The initial Subscription Term for No-Charge Services begins on your Subscription Start Date and continues as long as you have access to the No-Charge Services. The initial Subscription Term for paid Services begins on your Subscription Start Date and continues in accordance with your confirmation e-mail from HP.
    3. Auto-Renewal. Paid Subscriptions automatically renew for a period of time equal to the initial Subscription Term unless cancelled or terminated. Fees for a renewed Subscription will be charged at the then-current Subscription plan rates.
    4. Cancellation of Auto-Renewal by Customer. You may choose to prevent your Subscription from auto-renewing for any reason at any time by (1) prior to June 1, 2022, sending an e-mail to smbcs@hp.com with “cancel WPS” in the subject line, or (2) after June 1, 2022, within your online account by going to “My Subscriptions”. Notice to stop auto-renewal must be submitted at least two (2) business days prior to the auto-renewal date for your Subscriptions. Upon cancellation, access to the Services will remain available to you until your current Subscription Term has expired.

      If your Subscription is not renewed, you will not be charged for the next Subscription Term, nor will you receive any refund for credits that have not been used prior to the end of your current Subscription Term.

    5. Cancellation of Subscriptions by HP. HP may cancel your Subscription in accordance with Section 11 (“Term and Termination”) below. Upon cancellation, access to the Services will remain available to you until in accordance with Section 11.
    6. Termination of Subscription by Customer; Refunds. If you terminate your Subscriptions within thirty (30) days of your initial purchase, you may request a refund from HP by (1) prior to June 1, 2022, sending an e-mail to smbcs@hp.com with “cancel WPS” in the subject line, or (2) after June 1, 2022, within your online account by going to “My Subscriptions”. If you terminate your Subscriptions and receive a refund of your purchase price from HP, you will lose your remaining Subscription benefits immediately.

  7. Fees and Payments.

    1. Fees and Adjustments. Your Fee for Services is based upon the Subscription plan you choose, and where applicable, a price per Device per month, and/or the number of Devices you have specified on your billing page, any charges for Add-ons, any other fees specified on your billing page as well as any applicable credits or additional charges. Your Fee may be adjusted during your Subscription Term if you make changes in your account, including but not limited to upgrading or downgrading your Subscription plan, increasing or decreasing your Device limit, exceeding applicable limits, subscribing to Add-ons, or becoming subject to any credit or additional charge. Fee adjustments will be made immediately by issuing and applying the prorated credits or charges to your account as applicable.
    2. Payment. Payment of Fees will be made against invoices presented to you on your billing page. Invoices are due and payable immediately upon presentation in the currency specified at time of purchase of your Subscriptions and, subject to Section 6.f (Refunds), all Fees are non-refundable and non-cancellable.
    3. Disputed Fees. If you dispute any Fees charged to you by HP, you must notify us by email at smbcs@hp.com within thirty (30) days of the date of the invoice in dispute. HP will work with you to resolve the applicable dispute in a reasonable manner.
    4. Unpaid Fees. In the case of your failure to make full payment for invoiced Services for any reason, HP may at its discretion (a) attempt to repeatedly process the payment for thirty (30) days, (b) suspend or otherwise limit your access to the Services until the matter is resolved, or (c) terminate your Subscriptions.
    5. Taxes. All Fees stated in your invoice are exclusive of taxes, levies, duties, tariffs or similar governmental assessments, including, sales, value-added, goods and services tax, use or withholding taxes, assessable by any jurisdiction, (collectively, “Taxes”). You agree to pay all Taxes, and any related penalties and interest, associated with the use of our Services, except for those taxes based on our net income. If applicable law requires us to charge, collect and remit any Taxes on your behalf, the Taxes will be added to your invoice for payment by you. In such case, you represent that you are registered for tax purposes with the appropriate taxing authority, and at our request, you will provide us with your tax registration number.

  8. Customer Responsibilities.

    1. Accuracy and Maintenance of Information and Customer Data. It is your responsibility to provide and maintain accurate and complete account and billing information. You acknowledge that HP bears no responsibility for and shall have no liability for any losses incurred as a result of any of your inaccurate, incomplete or untimely information. Customer is solely responsible for the accuracy, content and legality of all Customer Data. Customer represents and warrants to HP that Customer has all necessary rights, consents and permissions to collect, share and use all Customer Data as contemplated in these Terms [including granting HP the rights in Section 12.c. (Rights in Customer Data)] and that no Customer Data will violate or infringe (i) any third party intellectual property, publicity, privacy or other rights, (ii) any laws or regulations, or (iii) any terms of service, privacy policies or other agreements governing the Customer’s Properties or Customer’s accounts with any Third-Party Services. Customer further represents and warrants that all Customer Data complies with Section 8.e. (Acceptable use of the Services). Customer will be fully responsible for any Customer Data submitted to the Services by any User as if it were submitted by Customer.
    2. Unauthorized Access and Account Security. You shall take reasonable steps to prevent unauthorized access to the Services, including without limitation, keeping all User Credentials strictly confidential and preventing unauthorized sharing. Customer will be responsible for any and all actions taken using Customer’s accounts and passwords. You shall promptly notify HP of any known or suspected unauthorized use of your User Account, the Services or breach of its security and shall use your best efforts to stop said breach. You are responsible for establishing and monitoring appropriate permissions and controls in connection with your Users’ use of the Services.
    3. Credentials to Third Party Services. If Customer is accessing the Services using credentials from Third Party Services, then Customer will comply with all applicable terms and conditions of such third party regarding provisioning and use of such credentials.
    4. Responsibility for Users. You are responsible for the use of the Services and any activity under your User Account by you and any User that you authorize or invite to use the Services on your behalf or under your supervision and control regardless of whether the actions were authorized or unauthorized and your knowledge of such actions. You must notify your Users that their use of the Services and the use of their Data are subject to these Terms and relevant policies. You must not let a User access or use the Services if they do not agree to be bound by these Terms and relevant policies. You are responsible for your Users compliance with these Terms and the relevant policies and for ensuring that the transfer and processing of their Data under the Terms is lawful. If any User who has access to the Services is no longer an employee (or Contractor) of Customer, then Customer will immediately delete such User from the Services and otherwise terminate such User’s access to the Services.
    5. Acceptable Use of the Services. Customer must not misuse or abuse the Services and shall not engage in any of the following activities:
      1. Compromising the integrity of the Services, including probing, scanning, or testing the vulnerability of the Services or network unless otherwise authorized by HP to perform such activities.
      2. Reverse-engineering, decompiling, disassembling, tampering with, hacking, or otherwise seeking to obtain the source code or non-public APIs to the Services (except to the extent expressly permitted by applicable law, and then only upon advance notice to HP), bypassing any security protocols or authentication measures, unlawfully attempting to gain unauthorized access to other Customer accounts or other Customer’s Data.
      3. Overwhelming or attempting to overwhelm the Services systems by imposing an unreasonably large load that consumes extraordinary resources (RAM, CPU, bandwidth etc.) or using automated tools like bots, spiders and malwares to send more requests to the Services than a human could send in the same time using normal web browser.
      4. Using the Services for completely different purpose than it was intended for in its corresponding usage parameters or Documentation.
      5. “Phishing”, “spoofing”, misrepresentation of yourself or falsely implying any association with HP.
      6. Using the services to violate the privacy of others, including phishing, posting other people’s confidential information without prior consent or collecting and gather personally identifiable information about other Customers using the Services.
      7. Using the Services to stalk, harass, or post direct content that is obscene, violent, libelous or otherwise unlawful or tortious against others.
      8. Using the Services for any illegal purpose, or in violation of law (including without limitation, data, privacy and export control laws).
      9. Accessing, copying content, or searching the Services by any means other than our publicly supported interfaces.
      10. Disparaging HP, its partners and its affiliates.

      If HP believes a violation of this Section 8.e has occurred, HP may suspend or terminate your access to and use of the Services and Materials or terminate these Terms, without advance notice to you. HP reserves the right, but are not required to under the Terms, to take any action against anyone who, in our sole discretion, violates, or is suspected of violating this Section including, without limitation, reporting a violator to law enforcement authorities or cooperating with law enforcement who validly request information from us.

    6. Notifications. You are responsible for reviewing all notices, reports, documents or materials made available to you by HP and, if appropriate, to make such information available to your Users. If you receive any notice from a third party that may affect our provision of Services to you, you must provide HP with the notice in a timely manner.
    7. Compliance with Laws. You will be solely responsible for compliance with any and all applicable laws, rules and regulations in connection with your and your Users’ use of our Services.

  9. HP Responsibilities.

    1. Availability of Services. HP cannot conclusively guarantee uninterrupted service. HP, however, will use commercially reasonable efforts to make the Services available to you 24 hours a day, 7 days a week, except for planned downtime, unavailability of the Services beyond our control including, by way of example, a Force Majeure Event, Internet service provider failure, or delay or denial of services attack, or any unavailability of Third-Party Services.
      1. HP and its licensors and subcontractors have and will retain sole control over the operation, provision, maintenance and management of the Services, including: (i) HP Systems; (ii) location(s) where any of the Services are performed; (iii) selection, deployment, modification and replacement of the Services and Software; and (iv) performance of support services and maintenance, upgrades, corrections and repairs.
      2. HP may from time to time in its discretion engage third parties to perform Services.
      3. HP is not responsible or liable for any delay or failure of performance caused in whole or in part by you delay in performing, or failure to perform, any of your obligations under this Agreement including, but not limited to, Customer’s failure to maintain software or hardware required for the Services to operate.
    2. Support. Support for the Services can be found at https://www.hp.com/support
    3. Security. HP agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of the Services or Customer Data. However, HP will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond HP’s control.

  10. Third-Party Services.

    Your use and access of the Services may require Third-Party Services to operate or integrate with the Services. Some Third-Party Services may be made available through the Services. Your use of a Third-Party Service is exclusively governed by a separate Terms between you and the third-party provider. You will comply with all terms and conditions and obtain all required permissions and consents applicable to the use of Third-Party Services. If you enable or use Third-Party Services, HP will allow the third-party providers to access or use Data relating to you or your usage as required for the interoperation of their products and services with our Services and Materials. This may include transmitting, transferring, modifying or deleting Data, or storing Data on systems belonging to the Third-Party Services. Any Third-Party Services’ use of Data related to you is subject to the applicable agreements between you and such third-party providers. You acknowledge and agree that you have sole responsibility for and assume all risks arising from your use of Third-Party Services and maintenance of appropriate accounts in good standing; and that as between you and HP, your sole remedy with respect to such Third-Party Services shall be with the third-party provider. HP does not guarantee that the Services will maintain integrations with any Third-Party Services and HP may disable integrations of the Services with any Third-Party Services at any time with or without notice to Customer. For clarity, these Terms governs Customer’s use of and access to the Services, even if accessed through an integration with a Third-Party Service.

    HP DOES NOT WARRANT, ENDORSE, INDEMNIFY OR SUPPORT ANY THIRD-PARTY SERVICES AND SHALL NOT BE LIABLE FOR ANY BREACH, FAILURE, OR UNAVAILABILITY OF THE THIRD-PARTY SERVICES FOR ANY REASON WHATSOEVER. UNDER NO CIRCUMSTANCE WILL HP BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ASSOCIATED WITH SUCH THIRD-PARTY SERVICES AND YOUR CHOICE TO USE SUCH IS AT YOUR OWN DISCRETION AND RISK.

  11. Term and Termination.

    1. Term. These Terms are effective on the Effective Date and shall continue until terminated pursuant to these Terms and any Supplemental Terms.
    2. Termination for Cause. Either Party may terminate these Terms upon written notice to the other Party, if the other Party: (i) materially breaches these Terms, effective upon thirty (30) days written notice unless the breach is cured, or effective immediately if the breach is not subject to cure; (ii) becomes the subject of a petition in bankruptcy that is not dismissed within forty-five (45) days or any other proceeding related to insolvency, receivership, liquidation, or assignment for the benefit of creditors, or (iii) ceases operation without a successor. HP may also terminate these Terms, effective immediately without prior notice, if HP determines that you have violated any acceptable use or restriction related to the Services, or have otherwise acted in a way that harms or negatively affects HP or our existing or prospective Users.

      In addition, HP may, directly or indirectly, and by disabling your Subscriptions or any other lawful means, suspend, terminate or otherwise deny your access to or use of all or any part of the Services or Subscriptions, without incurring any resulting obligation or liability, if:

      1. HP receives a judicial or other governmental demand or order, subpoena or law enforcement request that expressly or by reasonable implication requires HP to do so; or
      2. HP believes, in its good faith and reasonable discretion, that: (1) You or any authorized user has failed to comply with, any material portion of these Terms, or accessed or used the Services beyond the limitation of number of authorized Subscriptions, or beyond the scope of the rights granted, or for a purpose not authorized under these Terms, or in any manner that does not comply with any material instruction or requirement; or (2) You or any authorized user is, has been, or is likely to be involved in any fraudulent, misleading or unlawful activities relating to or in connection with any of the Services.
    3. Termination for Convenience. You may stop using our Services and terminate these Terms for any reason at any time without notice to us by cancelling your Subscriptions pursuant to Section 6.d., above. Subject to any other termination rights provided to HP under these Terms (including, but not limited to HP’s rights under Section 8, above) HP may terminate these Terms for any reason upon ninety (90) day written notice to you. Should HP exercise its right under this Section 11.c. to terminate your use of the Services, you will receive a pro rata refund from HP for the remainder of your Subscription term.
    4. Effect of Termination or Expiration. Upon termination of these Terms or expiration of your Subscription, your access to the Services and Materials shall terminate, you will not be charged for any future Subscription Terms, and all licenses and rights granted to you shall immediately terminate. You and your Users shall stop all use of the Services, delete (or upon HP’s request, return) any or all Materials, Services passwords or access codes, and any other HP Confidential Information. HP, in its sole discretion, may disable all your and your Users’ access to the Services or delete all Data associated with you, your Authorized Users, and End Users. Subject to your cancellation and refund rights set forth in Section 6., above, upon termination or expiration of these Terms, you will not be entitled to a refund of any prepaid Fees. If you have not paid all Fees due through the end of the then-current Subscription Term, those Fees are immediately due and payable. Customer may retain and use internally copies of all reports exported from the Services prior to termination. Customer acknowledges that following termination it will have no further access to any Customer Data input into the Services, and that HP may at any time delete any such data as may have been stored by HP. Except where an exclusive remedy is specified, the exercise by HP of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.
    5. Suspension. HP may, in its sole discretion, suspend any User’s access to our Services without notice for (a) non-payment of Fees; (b) violation of the Terms; (c) being subjected to or engaged in a denial of service attack or other disruptive activity; (d) creating a security vulnerability for our Services; (e) exceeding any applicable limitations on your use of the Services; or (f) causing harm to us or others. HP will work with you to promptly and in a reasonable manner resolve the issue causing the suspension, however nothing in this Section 11.d limits our right to terminate for cause.
    6. Survival. All provisions relating to HP’s proprietary rights, confidentiality, disclaimer of warranties, limitation of liability, indemnification, and any other provisions of these Terms expressly stated to survive or which by their nature extend beyond the expiration or termination of these Terms shall survive the expiration or termination of the Terms.

  12. Intellectual Property Rights; Other Licenses.

    1. Reservation of Rights. This is a subscription agreement for access to and use of the Services. These Terms do not convey to you title or ownership of the Services or any of our Materials, but only a limited right to use the same as expressly provided for in these Terms. Customer agrees that HP or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret or any other intellectual property rights) in and to the Services and Materials, any and all related and underlying technology and documentation, and any derivative works, modifications or improvements of any of the foregoing (other than personally identifiable information). Further, Customer acknowledges that the Services are offered as an on-line, hosted solution, and that Customer has no right to obtain a copy of the Services, except for Software as licensed in the format provided by HP. HP, and any other product or service name, slogan or logo contained in or on the Services are trademarks of HP or its 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 owner. You may not use any metatags or any other hidden text utilizing any trademark of HP without HP’s prior written permission.
    2. Feedback. If You send or transmit any communications, comments, questions, suggestions, or related materials to HP, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as non-confidential and non-proprietary. Except as prohibited by applicable law, You hereby assign all right, title, and interest in, and HP is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, You hereby grant HP an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in HP‘s sole discretion. Notwithstanding the foregoing, You understand and agree that HP is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
    3. Rights in Customer Data. As between the parties, Customer will retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to HP. Subject to these Terms, Customer hereby grants to HP a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide and/or improve the Services to Customer. Notwithstanding anything to the contrary herein, Customer agrees that HP may obtain and aggregate technical and other data about Customer’s use of the Services that is non-personally identifiable with respect to Customer (“Aggregated Anonymous Data”). HP may use the Aggregated Anonymous Data to analyze, improve, support and operate the Services and otherwise for any business purpose during and after the term of these Terms, including without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by Customer and other HP customers. For clarity, this Section 12.c. does not give HP the right to identify Customer as the source of any Aggregated Anonymous Data.
    4. Use of Data. You are solely responsible for any Data uploaded or stored on the Services by you or your Users. In no event shall HP be responsible for the use or misuse of any Data by you or your Users or other third parties. You warrant and represent that you either own or have the right, license or necessary consents to provide all Data.. HP does not provide any long term archiving service. HP agrees only that it will not intentionally delete any Customer Data from the Services prior to termination of Customer’s Subscriptions. HP expressly disclaims all other obligations with respect to storage.

  13. Confidentiality.

    1. The term “Confidential Information” shall mean any and all of HP’s trade secrets, confidential and proprietary information, and all other information and data of HP that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to HP or HP’s business, operations or properties, including information about HP’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
    2. You acknowledge that Confidential Information is a valuable, special and unique asset of HP and agree that You will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms. If relevant, You may disclose the Confidential Information to Your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify HP in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to HP upon termination of these Terms for any reason whatsoever.
    3. You agree that a breach of any confidentiality or proprietary rights provision of these Terms may cause HP irreparable harm for which monetary damages would not be an adequate remedy and agree that, in the event of such breach or threatened breach, HP will be entitled to equitable relief, including a restraining order, an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.

  14. Modification of the Terms.

    1. HP may update or modify these Terms from time to time, including any Documentation, referenced policies and other Subscription documents upon thirty (30) day notice, for any reason and at our sole discretion including, but not limited to the following reasons:
      1. to reflect changes in technology;
      2. to reflect changes in the nature of computing equipment;
      3. the comply with the law and reflect changes in the law;
      4. to comply with requirements imposed by a regulatory body;
      5. to improve the Service provided to you;
      6. to ensure superior functionality of the Services provided to you;
      7. to remove under-utilized Services;
      8. to reflect a change in the cost to us of providing the Services;
      9. to remain competitive;
      10. to correct any error;
      11. to harmonize the Services or terms across multiple jurisdictions;
      12. to make these Terms clearer; and
      13. for any other valid reason.
    2. HP may post or display notices of material changes on our Website, Dashboard, and/or notify you via other electronic means. The form of such notice is at our discretion. Once HP posts or makes them available, these changes become effective immediately and if you use the Services after they become effective it will signify your Terms to be bound by the changes. You may be required to click through the updated Terms to show your acceptance. HP recommends that you check back frequently and review these Terms regularly so you are aware of the most current rights and obligations that apply to you.
    3. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the technical contact you designate on the Services, posting on our website, through your Services or in your Dashboard).

      If we discontinue the Services or make a material change to the Services we will either:

      1. provide you with comparable or superior Services for the remainder of your Subscription term without any additional charge; or
      2. provide you with the right to terminate your Subscriptions and receive a pro rata refund for the remainder of your Subscription term. To exercise this right you must inform us of your wish to terminate the contract within fourteen (14) days of us notifying you of the change and your right to terminate.
    4. We may make changes which are immaterial or to your advantage immediately and without notice.

  15. Audit.

    HP may audit Customer compliance with these Terms. Upon reasonable notice, HP may conduct an audit during normal business hours (with the auditor’s cost being at HP’s expense). If an audit reveals an underpayment discrepancy, Customer agrees to compensate HP accordingly. If a discovered underpayment exceeds five (5%) percent of the contract price, Customer agrees to reimburse HP for auditor costs

  16. Indemnity.

    Customer will indemnify, defend and hold harmless HP and its affiliates, and their respective successors and assigns, present and former directors, officers, employees, representatives, agents, licensors, partners, suppliers and service providers from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to (a) any Customer Data or breach or alleged breach by Customer of Section 8. (Customer Responsibilities), (b) your or your Users’ use of the Services, or (c) your or your Users’ breach or violation these Terms. This indemnification obligation is subject to Customer receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for Customer to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all necessary cooperation of HP at Customer’s expense. Notwithstanding the foregoing sentence, (a) HP may participate in the defense of any claim by counsel of its own choosing, at its cost and expense and (b) Customer will not settle any claim without HP’s prior written consent, unless the settlement fully and unconditionally releases HP and does not require HP to pay any amount, take any action, or admit any liability.

  17. LIMITED WARRANTY.

    1. LIMITED WARRANTY. HP WARRANTS, FOR CUSTOMER’S BENEFIT ONLY, THAT THE SERVICES AND MATERIALS WILL OPERATE IN SUBSTANTIAL CONFORMITY WITH THE APPLICABLE DOCUMENTATION. HP’S SOLE LIABILITY (AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY) FOR ANY BREACH OF THIS WARRANTY WILL BE, AT NO CHARGE TO CUSTOMER, FOR HP TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT THE REPORTED NON-CONFORMITY. IF HP IS UNABLE TO CORRECT THE NON-COMFORMITY WITHIN A REASONABLE TIME, CUSTOMER WILL BE ENTITLED TO A FULL REFUND UPON WRITTEN CONFIRMATION BY CUSTOMER THAT ALL COMPONENTS OF THE SERVICES AND MATERIALS HAVE BEEN DESTROYED.

      THE LIMITED WARRANTY SET FORTH IN THIS SECTION 17.A. WILL NOT APPLY: (I) IF THE ERROR WAS CAUSED BY MISUSE, UNAUTHORIZED MODIFICATIONS OR THIRD PARTY SERVICES, OR FAILURE TO MEET MINIMUM HARDWARE AND/OR OPERATING SYSTEM REQUIREMENTS SET FORTH IN THE DOCUMENTATION, OR (II) WHEN USING THE SERVICES ON A NO-CHARGE, TRIAL OR EVALUATION BASIS. HP WARRANTIES FOR THE SERVICES AND MATERIALS WILL BEGIN ON THE DATE OF ACCEPTANCE OF THESE TERMS AND UNLESS OTHERWISE SPECIFIED IN SUPPORTING MATERIASL, WILL LAST FOR NINETY (90) DAYS

    2. WARRANTY AND DISCLAIMERS FOR USE OF SERVICES AND/OR SERVICES APPS: EXCEPT FOR THE LIMITED WARRANTY IN SECTION 17.A ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND/OR MATERIALS IS AT YOUR SOLE RISK AND THAT ACCESS TO THE SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND THIRD-PARTY SERVICES AND ANY THIRD PARTIES UTILIZED BY YOU, AND HP IS NOT RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. HP DOES NOT WARRANT THAT USE OF THE SERVICES AND/OR MATERIALS WILL BE UNINTERRUPTED, FAULT-TOLERANT, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE.

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES INCLUDING, BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY HP OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS WARRANTIES MADE BY HP IN THIS TERMS

    3. NO WARRANTY FOR THIRD PARTY SERVICES. HP MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SERVICES. ANY WARRANTIES FOR THIRD PARTY APPS ARE PROVIDED SOLELY AND DIRECTLY BY THE PROVIDER OF SUCH THIRD PARTY SERVICES.
    4. AUSTRALIA: If you acquired the Services as a consumer within the meaning of the ‘Australian Consumer Law’ under the Australian Competition and Consumer Act 2010 (Cth), then despite any other provision of these Terms:
      1. The Services comes with guarantees that cannot be excluded under the Australian Consumer Law, including that goods will be of acceptable quality and services will be supplied with due care and skill. If HP fails to comply with any such consumer guarantee, HP’s or HP’s licensors’ liability is limited to the following:
        1. in connection with the provision of warranty and support services for the Services, to any one or more of the following (at HP’s discretion): (i) the supplying of the services again; or (ii) the payment of the costs of having the services supplied again; and
        2. In connection with the provision of the Services, to any one or more of the following (at HP’s discretion): (i) the replacement of the Services or the supply of equivalent software; (ii) the repair of the Services ; (iii) the payment of the costs of replacing the Services or of acquiring equivalent software; or (iv) the payment of the costs of having the Services repaired; and
        3. otherwise, to the maximum extent permitted by law;
      2. Nothing in this EULA excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited; and
      3. The benefits provided to you by the warranties in this EULA are in addition to other rights and remedies available to you under applicable law in relation to the goods or services to which the warranty relates.

      If you think that you are entitled to any warranty under this EULA or any of the above remedies, please contact HP at:

      HP PPS Australia Pty Ltd
      353 Burwood Hwy
      Forest Hill
      VIC 3131
      Australia

  18. LIMITATION OF LIABILITY.

    1. NOTHING IN THESE TERMS LIMITS OR EXCLUDES HP AND HP SUPPLIER’S LIABILITY (i) FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (ii) FOR REPRESENTATIONS MADE FRAUDULENTLY, OR (iii) FOR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HP OR HP SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR MATERIALS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED REMEDY OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you.
    3. TO THE FULLEST EXTENT PERMITTED BY LAW IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT HP OR HP SUPPLIERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO HP DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME SUCH CLAIM. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. YOU SHALL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY YOU OR YOUR USERS.

      THE REMEDIES PROVIDED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. Some jurisdictions do not allow the exclusion or limitation of particular types of damages, so the above limitation or exclusions may not apply to You in their entireties, but will apply to the maximum extent permitted by applicable law.

  19. Notices.

    1. To HP. Notices to HP in connection with these Terms shall be in writing and may be sent to smbcs@hp.com (if by email), or delivered by certified or registered mail with return receipt requested, or by overnight courier delivery to: Associate General Counsel- HP Legal Department, 1501 Page Mill Road, Palo Alto, California 94304.
    2. To You. Notices to you may be sent either to the email address or physical address supplied and updated by you in your User Account or Dashboard. In addition, HP may send broadcasts or messages through the Services to inform of changes to the Services or other matters of importance, and such broadcasts shall be deemed satisfying the notice provisions of this Section 20 to the extent permitted by applicable law.
    3. Delivery. Notices are validly delivered upon (a) on the delivery date if delivered personally; (b) two (2) business days after deposit with a commercial overnight courier, with written verification of receipt; (c) five (5) business days after the mailing date, if sent by certified or registered mail with return receipt requested; (d) upon written or electronic confirmation of receipt if sent by email; or, as applicable, (e) three (3) days after HP posts a notice or broadcast within the Services or on your Dashboard. By using the Services, you consent to receiving electronic communications from HP related to your use of the Services.

  20. Miscellaneous/ General.

    1. Successors and Assigns. You shall not assign or delegate any of your rights or obligations under these Terms, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of HP. Any purported assignment, delegation or transfer in violation of this Section 20.a. is void. HP may freely assign and delegate its rights and obligations under these Terms without restriction or notice to you. The Terms are binding upon the Parties hereto and their respective representatives, successors, and permitted assigns.
    2. Precedence. In the case of inconsistency or conflict between the provisions of these Terms and the treatment of such provision in any Supplemental Terms, the treatment of such provision in the Supplemental Terms will control but all other provisions of the Terms shall continue to apply.
    3. Interpretation. The Parties intend these Terms to be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. The headings in the Terms are for reference only and do not affect the interpretation of the Terms.
    4. Severability. In the event any provision of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
    5. Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in the Terms, no failure to exercise or delay in exercising any rights, remedies, powers, or privileges arising from the Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
    6. Relationship of the Parties. The Parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
    7. Export Regulations. HP is subject to regulation by the agencies of the U.S. Government, including the U.S. Department of Commerce and State, which prohibit export or diversion of certain technological products to certain countries. You shall comply in all respects with all applicable export and re-export restrictions and not permit anyone to use or access the Services in a U.S. embargoed country or in violation of any U.S. export law or regulation. You also agree to indemnify, defend, and hold HP harmless from any loss, damages, liability, or expenses incurred by us as a result of your failure to comply with any export regulations or restrictions.
    8. Subpoenas. Nothing in these Terms prevents HP from disclosing Customer Data to the extent required by law, subpoenas, or court orders, but HP will use commercially reasonable efforts to notify Customer where permitted to do so.
    9. Force Majeure. In no event will HP be liable or responsible to you, or be deemed to have defaulted under or breached the Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by any circumstances beyond HP’s reasonable control (a “Force Majeure Event”) including, but not limited to, service interruptions by third-party providers, denial of service attacks, acts of God, war, riot, fires, floods, epidemics, or failure of public utilities or public transportation systems, or national or regional shortage of adequate power or telecommunications systems. HP may terminate these Terms if a Force Majeure Event continues substantially uninterrupted for a period of thirty (30) days or more.
    10. Counterparts. These Terms may be executed in counterparts, each of which will be deemed an original and all of which together will be considered one and the same agreement.
    11. Entire Agreement. Unless otherwise expressly agreed in writing between the Parties, these Terms, and other agreements incorporated by reference herein, contain the entire understanding and agreement between you and HP concerning Services and supersedes any and all prior or inconsistent understandings relating thereto. The Terms cannot be changed orally.
    12. Governing Law. Any disputes arising out of or otherwise relating to these Terms, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the law of California, except as follows, where governing law shall be the jurisdiction in which the Customer currently resides without regard to its conflict-of-law principles:
      1. Australia: These Terms of Use shall be construed under, and governed by, the laws applicable in the State of NSW, Australia, without regard to its choice of law principles. The parties hereby irrevocably submit to the jurisdiction of NSW, Australia courts of law. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      2. Belgium: These Terms shall be governed by the laws of Belgium. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the courts located in Brussels. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      3. Denmark: These Terms shall be governed by the laws of Denmark. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the courts located in Brussels. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      4. France: These Terms shall be governed by the laws of France. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the courts located in Paris, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      5. Germany: These Terms shall be governed by the laws of Germany. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the courts located in Stuttgart, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      6. Hong Kong: These Terms will be governed by the laws of the Special Administrative Region of Hong Kong and the courts of Hong Kong will have jurisdiction, without giving effect to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      7. India: These Terms shall be governed by the laws of Republic of India, excluding their conflicts of laws provisions. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the courts located in Bangalore, India, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      8. Indonesia: This Terms shall in all respects be governed by and construed exclusively in accordance with the laws of Republic of Indonesia and the parties submit to the exclusive jurisdiction of the South Jakarta District Court in relation to all matters pertaining to or arising out of these Terms.
      9. Japan: These Terms shall be governed by the laws of Japan. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in and the parties hereby irrevocably submit to the jurisdiction of Japanese courts of law. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      10. Malaysia: These Terms will be governed by the laws of Malaysia and the courts of Malaysia will have jurisdiction, without giving effect to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      11. Netherlands: Norway: These Terms shall be governed by the laws of Norway. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the courts located in Amsterdam. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      12. New Zealand: These Terms of Use shall be construed under, and governed by, the laws applicable in New Zealand, without regard to its choice of law principles. The parties hereby irrevocably submit to the jurisdiction of New Zealand courts of law. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      13. Norway: These Terms shall be governed by the laws of Norway. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the courts located in Oslo. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      14. People’s Republic of China: These Terms shall be governed by the laws of People’s Republic of China, excluding their conflicts of laws provisions. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought exclusively to the court where the contract is signed. For purpose of these Terms, these Terms is signed or deemed to be signed by the parties in Pudong District Shanghai, China. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      15. Switzerland: These Terms shall be governed by the laws of Switzerland. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the courts located in Zurich, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      16. Taiwan: These Terms shall be governed by the laws of Taiwan, excluding their conflicts of laws provisions. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the Taipei District courts located in Taipei, and you hereby irrevocably submit to the exclusive personal jurisdiction of such court. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      17. Thailand. These Terms will be governed by the laws of Thailand and the courts of Thailand will have jurisdiction, without giving effect to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      18. Turkey: These Terms shall be governed by the laws of Turkey. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in Istanbul Anadolu Courts. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      19. Singapore. These Terms will be governed by the laws of Singapore and the courts of Singapore will have jurisdiction, without giving effect to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      20. Sweden: These Terms shall be governed by the laws of Sweden. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the courts located in Stockholm. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      21. United Arab Emirates: These Terms shall be governed by the laws of the United Arab Emirates and the Parties submit to the exclusive jurisdiction of Dubai courts in relation to all matters pertaining to or arising out of these Terms or the Catalog. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
      22. United Kingdom: These Terms shall be governed by the laws of England and Wales. All lawsuits and other actions arising from or related to these Terms or the Catalog shall be brought in the courts of England and Wales, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms. A person or entity that is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
    13. Third Party Rights (Singapore only) Save as otherwise expressly provided herein, the Contracts (Rights of Third Parties) Act (Chapter 53B) 2001 of the Republic of Singapore (“ACT”) shall not apply to any term of these Terms, whether expressly or by implication. A person who is not a party to these Terms shall have no right under the Act to enforce any term(s) of these Terms.
    14. Tax. (Malaysia, Singapore & Thailand only) All references to sums of money contained herein are, except where otherwise stated, to such sums exclusive of Value Added Tax (VAT), Sales and Services Tax (SST), Goods and Service Tax (GST) or any other similar or related tax payable in the applicable jurisdiction which shall be payable in addition to such sum in accordance with legislation prevailing from time to time. Each party agrees that it will promptly issue a valid invoice for any such tax in respect of any such sums.
    15. Language (Indonesia only) These Terms have been executed in English and Indonesian language, in which should there be any misinterpretation between the two, the Indonesian version shall prevail. Perjanjian ini telah ditandatangani dalam bahasa Inggris dan Bahasa Indonesia. Apabila terdapat misinterpretasi dari kedua bahasa, maka Bahasa Indonesia yang akan berlaku.
    16. Termination (Indonesia only) The parties agree to waive the provisions of Article 1266 of the Indonesian Civil Code, to the extent that a Court order is required to terminate these Terms.
More useful links
Disclaimer

Browse useful links by categories

Offers subject to change, not combinable with all other offers, and exclusions may apply, while supplies last. HP may impose a purchase quantity limit (for example, 3 units per order). Taxes, shipping, and other fees may apply as applicable. HP reserves the right to cancel orders arising from pricing or other errors. Prices, specifications, availability, and terms of offers may change without notice. Price protection, price matching or price guarantees do not apply to Intra-day, Daily Deals or limited-time promotions. These terms apply only to products sold by HP.com; reseller offers may vary. Items sold by HP.com are not for immediate resale. Orders that do not comply with HP.com terms, conditions, and limitations may be cancelled. Contract and volume customers not eligible.

✻HP’s strikethrough price is HP’s MSRP, which is HP’s suggested retail price for authorized channel partners, based on a number of factors, including but not limited to manufacturing and component parts.  The MSRP may not be the prevailing market price or regular retail price.

Microsoft and Windows are US registered of Microsoft Corporation. Ultrabook, Celeron, Celeron Inside, Core Inside, Intel, Intel Logo, Intel Atom, Intel Atom Inside, Intel Core, Intel Inside, Intel Inside Logo, Intel vPro, Itanium, Itanium Inside, Intel Evo, Intel Optane, Iris, Itanium, MAX, Pentium, Pentium Inside, vPro Inside, Xeon, Xeon Phi and Xeon Inside are trademarks of Intel Corporation or its subsidiaries in the U.S. and/or other countries.

Not all features are available in all editions or versions of Windows. Systems may require upgraded and/or separately purchased hardware, drivers, software or BIOS update to take full advantage of Windows functionality. Windows is automatically updated and enabled. High speed internet and Microsoft account required. ISP fees may apply and additional requirements may apply over time for updates. See http://www.windows.com.

Earn HP Rewards on select products from the following categories: Laptops, Desktops, Printers, Business PC’s, select Accessories, and select Ink, Toner & Paper. Exclusions apply, and program membership required. See details HP Rewards

The personal information you provide will be used according to the HP Privacy Statement

✦America’s most trusted printer brand: Based on 2022 semi-annual internal brand surveys commissioned by HP.

*3 years of ink included (for skus with 8000 total pages: ST 5104, ST 7002, 7302 and 7601) based upon 200 pages per month of HP Smart Tank customers’ usage. 3 years of ink (for skus with 6000 total pages: ST 5000, 5101, 5102, 5103, ST 651, 570, ST 6001, ST 7001, 7301, 7602) based upon 167 pages per month of HP Smart Tank customers’ usage. Actual yield varies considerably based on content of printed pages and other factors. Average yield based on ISO/IEC 24711 or HP testing methodology and continuous printing. Some ink from included bottles is used to start up the printer. For details, see: www.hp.com/go/learnaboutsupplies. Commissioned by HP Inc., this Keypoint Intelligence consumer study determined that HP inkjet Tank printers provide the best everyday print quality compared to competitive inkjet tank printers from Brother, Canon, and Epson. Two different inkjet printers were used for each brand. All devices are available in the market and are currently active. Prices range from $180 to less than $400 and all competitive products fall within the same category as the HP printers. The competitors were chosen because they represent the top 80% of the competitive landscape for 3:1 and 4:1 wireless A4 inkjet tank printers under $450 USD, as reported by the IDC Quarterly Hardcopy Peripherals Tracker-Final Historical CYQ2 2024. Samples were printed in the United States and then reviewed by consumers in the US, the United Kingdom, and Japan. Details: www.keypointintelligence.com/hpbesteverydayprintquality

**Copilot in Windows (in preview) is available in select global markets and will be rolled out to additional markets over time. See microsoft.com/en-us/windows/windows-10-specifications for more information.

++Offer good on select business laptops and desktops. Transactions are subject to equipment pricing and credit approval. Deal sizes include: $3,000-$250,000 on a 36-month term. Fair Market Value deals only. The 2.99% is on a stream of payments, and the actual yield to GreatAmerica Financial Services may vary. Hardware must exceed 50% of total transaction, excluding printers and other print products. Chromebooks are ineligible for the promotion. The agreement must be commenced by 07/31/25 and funded by 08/31/25. Contact an advisor for details. +1-(888)-860-9635.

^^^Free sheet organizer promotion is on the T850 DesignJet printers. This offer is combinable with standalone instant rebate savings. This promotion is not combinable with any of HP’s Trade-In promotions. Purchases by HP resellers and internal HP orders are ineligible. HP may modify or withdraw this promotion at any time. Offer valid through 2/14/26 or while supplies last.

+Deferred Interest, Payment Required Plan: Interest will be charged to your Account from the purchase date if the promotional plan balance is not paid in full within the promotional period. Minimum payments are required for each Credit Plan. Minimum payments are NOT guaranteed to pay the promotional plan balance within the promotional period. You may have to pay more than the minimum payment to avoid accrued interest charges. Valid for single transaction only. Gift cards do not qualify for promotional plans. Qualifying purchases will automatically be placed on a promotional plan. If purchase qualifies for more than one plan, it will be placed on the qualified plan with the longest promotional period. As of November 2025, terms for new Accounts: Purchase APR of 35.99%. Variable Penalty APR up to 39.99%, based on Prime Rate. Minimum interest charge is $3 in any billing period in which interest is due. A fee of $2.99 per month may apply for each paper billing statement mailed to you. You can avoid this fee by enrolling in paperless statements. Existing Account holders: see your credit card agreement for Account terms.

Credit account offers are subject to credit approval.

HP Credit Accounts are issued by Comenity Capital Bank, a Bread Financial™ Company.

*HP.com exclusive product! This product is only available for purchase on HP.com US Store and HyperX.com. You will not find it at any other authorized HP retailers. SKUs included: 67J25AA#ABA, 4P5L2AA, 4P5L3AA, 7P5J2AA, 4P5E3AA, 67J23AA, 4Z7X3AA, 4S7T2AA, 683M4AA, 67J22AA. Availability may be limited and subject to change. Prices and promotions may vary between HP.com US Store and HyperX.com. HP disclaims all liability for products sold by unauthorized third-party sellers.

1Up to 34 hours local video playback requires unit configured with Qualcomm Snapdragon X1-26-100, 16GB RAM, 2K OLED non-touch display, 512 GB PCle SSD storage. Available on select display configurations. Battery life tested by HP using continuous FHD video playback, 2K OLED non-touch display, 200 nits for the HP OmniBook 5 16" model, system audio level as image default, player audio level at 100%, played full-screen from local storage, headphone attached or through speaker (if no audio jack port), wireless on but not connected. Actual battery life will vary depending on configuration and maximum capacity will naturally decrease with time and usage. Starting in July 2025, the HP OmniBook 5 14" inch model (configured with Qualcomm Snapdragon X1-26-100, 16GB RAM, 2K OLED non-touch display, 512 GB PCle SSD storage) may be able to achieve up to 34 hours of local video playback at 200 nits as a result of power consumption improvements to its panel.

*Customers receive three bonus months on Microsoft 365 Personal and Family subscriptions when a credit card is provided during activation. After the initial subscription period, your subscription automatically renews for 1 year, unless it is cancelled.

✭Source: 2025 ACSI® Survey of customers rating their own computer manufacturer. HP was ranked #1 for customer satisfaction. ACSI and its logo are registered trademarks for the American Customer Satisfaction Index LLC. For more about ACSI, visit theacsi.org.