HP SmartFriend Terms & Conditions

1 HP SmartFriend One-Time Services Terms & Conditions DefinitionsThe following definitions shall apply to the Terms and Conditions of your Per Use Support and Consulting Services: Customer As used herein Customer refers to an HP customer who purchases the HP Support and Consulting Services described in this agreement either directly from HP or from an authorized HP reseller, wholesaler, or distributor. HP Service Portals Means the web portals available on-line to Customers from which services can be purchased, scheduled, activated or tracked, and refers to the webpage providing the details of features, functionalities, deliverables, time limitations, number of covered use or calls, system requirements, activation methods and limitations of each service included in the Per Use Support and Consulting Services.

2 Service refers to the webpage (which is hereby incorporated by reference) providing the details of features, functionalities, deliverables, time limitations, number of covered use or calls, system requirements, activation methods and limitations of each service included in the Per Use Support and Consulting Services. Service are also referred to in this agreement as Service Descriptions . Per Use Support and Consulting Services or One-Time Services Means the individual service to be provided by HP or HP s authorized representatives to Customer pursuant to the Terms of this agreement and the other documents incorporated by reference. software means any application, tools or other software program installed on the Customer s personal computer or device for personal usage, system operation or diagnostic to facilitate the Per Use Support and Consulting Service.

3 software can be those software programs preloaded or otherwise included in the applicable personal computer or device products, those installed by the Customer after purchase of such software , those downloaded, installed and used permanently or temporarily by or on behalf of HP to deliver the Per Use & LearningHP SmartFriend Terms & Conditions2 Certification & Learning | HP SmartFriend Terms & ConditionsPer Use Support and Consulting Services OverviewPursuant to the Terms of this Service agreement (this agreement ), HP will provide the Per Use Support and Consulting Services described in this agreement and in the applicable Service, to Customer in the United States. Subject to the applicable, the Per Use Support and Consulting Services under this agreement may include, but are not limited to, remote or onsite assistance, hardware or software installation, training, break-fix support, personal computer performance tuning, or technology consultation.

4 These Per Use Services are provided in conjunction with at-home personal computer products. As described in more detail in the applicable, each Per Use Service has a set of deliverables or features which are delivered on a Per Use basis to Customers. Customer hereby acknowledges and agrees that the Per Use Support and Consulting Services are offered by HP with the condition that Customer accepts without modification the Terms and Conditions set forth herein. Customer s acceptance of these Terms and Conditions will be deemed to occur upon Customer s purchase of the Per Use Support and Consulting Services. HP may, at its discretion, change the Terms of this agreement from time to time without notice to Customer. In the event of any conflict between this agreement and any Service Descriptions, the Terms and Conditions of this agreement shall will prepay for the applicable Per Use Support and Consulting Services at the time such service is purchased from HP or from HP s authorized resellers, wholesalers or distributors.

5 Customer will pay all applicable taxes. Additional fees and charges, such as extra travel expenses, parts and extra labor required for delivering the Per Use Services may apply and be billed to Customer by HP or HP s authorized resellers, wholesalers or distributors. Terms for returns and/or refunds applicable to prepaid services are identified in the return policy of the original place of purchase. Refunds are no longer available once the PIN has been exposed or scratched off. Customer RepresentationsBy purchasing the Per Use Support and Consulting Services, Customer hereby represents that: (i) it has the legal right, capacity and authority to enter into this agreement with HP and be legal bound by the Terms and Conditions herein; (ii) any and all information provided by Customer to HP or HP s authorized resellers, wholesalers, distributors and third party service providers in connection with the Per Use Support and Consulting Services, including personal information (such as name, address, credit card number, expiration date, email account, etc.)

6 , is true, accurate and complete, and any change to such information will be promptly informed to HP; (iii) the Per Use Support and Consulting Services are purchased for customer s individual use, not for resale, redistribution or otherwise share with other parties or entities; (iv) it shall not engage in abusive or inappropriate activities with respect to the purchased Per Use Support and Consulting Services, such as creating unreasonably high volume of service requests; and (v) at all time during the term (as determined below) maintain valid licenses to use any software required for the Per Use Services and comply with the Terms of license of such software . Service RequirementsPer Use Support and Consulting Services are provided based on the assumption that Customer meets certain requirements (such as PC hardware and software requirements) as further described in the applicable Service (the Service Requirements ).

7 Without limiting the Services Requirements set forth in the applicable Service , to the extent any software is utilized in connection with the Per Use Support and Consulting Services, Customer must ensure that such software is rightfully obtained via appropriate license(s) and are the current version of such software is properly installed. With respect to Per Use Support and Consulting Services that can only be delivered remotely, Customer s PC must be able to boot to desktop and it is Customer s responsibility to have adequate Internet connection as required for HP to provide the service. If diagnostic software is used as part of the Per Use Support and Consulting Services, the products to which the service is provided will be configured in accordance with HP s instructions.

8 During the term of the agreement , Customer must maintain a valid email 3 Certification & Learning | HP SmartFriend Terms & Conditionsaccount to receive notices and other information regarding the Per Use Support and Consulting Services. Even if all the Service Requirements are met, the Per Use Support and Consulting Services purchased by Customer may not be available at all times. HP reserves the right to refuse to provide the Per Use Support and Consulting Services if HP reasonably believes that doing so would subject HP or any of its third party service providers to material business or legal risks. Warranty CUSTOMER AGREES AND ACKNOWLEDGES THAT THE PER USE SUPPORT AND CONSULTING SERVICES ARE PROVIDED BY OR ON BEHALF OF HP ON AN AS IS, AS AVAILABLE BASIS WITH ALL FAULTS.

9 HP, ITS THIRD PARTY LICENSORS, ITS SUPPLIERS (INCLUDING, WITHOUT LIMITATION, GLOBAL SERVICE PROVIDERS), ITS AFFILIATES, ITS CONTRACTORS AND SUBCONTRACTORS, ITS PARTNERS AND ITS THIRD PARTY SERVICE PROVIDERS OR ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THE FOREGOING (EACH OF THE FOREGOING ARE AN HP PARTY AND COLLECTIVELY THE HP PARTIES ) DOES NOT PROVIDE ANY WARRANTY WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HP PARTIES SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NONE OF THE HP PARTIES PROVIDES ANY WARRANTY WHATSOEVER FOR ANY THIRD PARTY software OR ANY THIRD PARTY SERVICE.

10 USE OF THE PER USE SERVICES AND ANY software IS AT CUSTOMER S OWN RISK AND IS NOT WARRANTED. NO HP PARTY WARRANTS THAT THE PER USE SERVICES AND software WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. NO HP PARTY SHALL BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR PERSONAL COMPUTER OR DEVICE, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. NO HP PARTY MAKES ANY WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE PER USE SERVICES OR THE INTERNET. NO HP PARTY MAKES ANY WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE PER USE SERVICES OR ANY LINKS DISPLAYED.