HP 3DP Terms of Service

These terms of service, together with any other agreements or terms incorporated by reference, including the HP Privacy Statement (the "Terms") govern Your use of the Services. These Terms constitute a binding and enforceable legal contract between HP and You. By accepting these Terms electronically by clicking a box indicating Your acceptance, or by using the Services, You agree to these Terms. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity that You represent does not agree with these Terms, You must not accept these Terms or use the Services.

1. Definitions

   1. "Account" means an online account registered by You for the purpose of using the Services.
   2. "Additional Services" means Services that You purchase, as distinguished from the Services which are provided for free, and may include an increase in the storage space and other premium services and functions. HP may, at its discretion, decide that Services which have heretofore been available without charge shall become Additional Services which are provided for a fee and such change shall become effective upon posting on the PrintOS website as set out in Section 14.2.
   3. "Connected Devices" means material loading, printing, curing and de-powdering equipment which You connected to the Platform and with respect to which Services are provided.
   4. "Content" means any files, data, material and information submitted, uploaded and stored by You and Your clients (or customers) through the Service.
   5. "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 You.
   6. "Platform" means the PrintOS online solution for businesses to perform and manage print production operations, including the receipt, management and printing of jobs, as well as the management of presses, printers and other Connected Devices, and services supplied hereunder with respect to such Connected Devices.
   7. "Services" means any applications, products, services (including any Additional Services, to the extent applicable), documentation, and software made available through the Platform.
   8. "Third Party Products" means any service, products, software or application that is provided with a third party and interoperates with a Service. Such Third Party Products may be offered via a dedicated website.
   9. "User Data" means data relating to Your use of the Platform, the Connected Devices and Services, including but not limited to information related to:
      1. Your contact and payment information, including email addresses, phone number and credit card or other payment remittance information; You are responsible for ensuring that payment information that is exchanged between You and Your client is not transmitted over the Platform.
      2. print job orders and job creation,
      3. Your Connected Devices, devices and supplies use and utilization information, sensor activity, statistical data, device generated reports and job ticket parameters,
      4. number of interactions between You and print buyers, timing of order placement-to-production cycle, order file replacement occurrences, preflight results including preflight failure,
      5. settings, preferences chosen, and resource usage,
      6. free text submitted by You (to enable HP, its Authorized Business Partners and You identify specific print jobs for support and servicing), and video sessions recorded during provision of support services.
      7. Data voluntarily uploaded as an End User to include name and photo
   10. "We", "Us", "HP" or "Our" is defined as HP Inc.
   11. "You" means the company or other legal entity, its End Users, and its affiliates for which you are accepting these Terms.

2. The Services

   1. Registration. Following the initial registration of an Account You will have the ability to access the Platform and use the Services in conjunction with Connected Devices solely for the purpose of Your business activity. We may update the Services from time to time, including adding or removing functions.
   2. Software. Some Services may require You to download software. Additionally, in order to enhance and optimize the performance of the Connected Devices with the Platform we will from time to time automatically download service packs to Your connected Devices and install certain software which is required to enable us to provide you with such use. Following the installation of the PrintOS service packs, You will be able to enjoy enhanced features in PrintOS. Subject to Your compliance with these Terms, we grant You a limited, nonexclusive, nontransferable, revocable license to use such software. If any software is offered under an open source license, we will make the license available to You and the provisions of that license shall apply notwithstanding any provisions to the contrary under these Terms. The library of open source licenses may be viewed here.
   3. Charges. Using the Services, other than Additional Services, is made available to You free of charge. We may charge You for Additional Services. If we charge any fees for Additional Services, the charges for such Additional Services, and any terms and conditions applicable thereto will be detailed in the applicable online description of such Additional Service.
   4. Service Providers. We may use channel partners (where products are sold or supported through such partners) or third parties in the operation of our Services or to perform any of our obligations (each a "Service Provider"), including using Service Providers for cloud infrastructure and hosting services. In order for our Service Providers to be able to provide You with certain aspects of the Services, we may share Your data or Content with such Service Provider. Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of Your information for purposes unrelated to the Services.
   5. Certain Services available on the Platform may grant Third Parties beneficiary rights under this Agreement as specified in Appendix A below.

3. Registration and User Account

   1. Establishing an Account. You must register and establish an Account in order to use our Services. Connected Devices may require registration, installation of necessary software or action on Your part, to enable the activation of Services in relation to such Connected Devices. You may elect to have multiple Accounts; each Connected Device may only be registered to one Account at any given time.
   2. Account Information. You must safeguard and not disclose Your account username and password and You must supervise the use of such Account. You must provide us accurate and complete information in order to create an Account, including details of the Connected Devices that are linked to the Account. You agree to keep Your Account information up to date and accurate, including with regard to Connected Devices. Any Services provided in connection with Connected Devices associated with Your Account will be charged to your Account. YOU ARESOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately of any unauthorized use of your Account or any other breach of security.
   3. Administrator. When You initially register for and create an Account, You are, or a party that You authorize is, the administrator ("Administrator"). Administrators may authorize additional individuals to access the Services through the same Account ("Users"). Users may include, for example, Your employees, contractors and agents. These Terms apply to any User of the Services.
   4. Access Rights. The Administrator is responsible for Users' access to the Services. Depending on the types of access rights the Administrator grants to Users, Users may be able to add or remove Connected Devices, delete, copy, or view the Content and data accessible in Your Account and subscribe or unsubscribe to Additional Services. The Administrator is solely responsible for the access to the Services granted to Users and it is the Administrator's sole responsibility to add or remove access rights to Users. We are not responsible for the internal management or administration of the Services. You are responsible for Users' compliance with these Terms. A violation of any provision of these Terms by a User may result in the termination of an Administrator's or any User's access to the Services. If You choose to close or terminate Your access to a Service or Additional Service, Users will no longer be able to access such Service or any of the Content within such Service. HP may from time to time send You communications, unless You have opted out to receive them.
   5. Deletion of Account. You may delete Your account at any time. Any Content and other information and data entered into the Services may be permanently deleted if You delete the Account.
   6. Use of Data. HP may collect User Data, and You hereby grant HP permission to collect User Data available on the Platform and to use such User Data to improve the Platform performance and functionality and improve services and support to HP customers and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking and billing. HP may use Google Analytics in performing the above. HP does not provide an opt-out option from the use of Google Analytics and therefore You should refrain from registering for PrintOS if You do not agree to the use of Google Analytics in connection with the User Data. Learn more about Google Analytics at .
      
      By uploading any user data You agree that You have consent from the individuals to add their name and or photo as an operator.
      
      Where applicable, User Data collected by HP will be shared with You or any Service Provider who may, directly or indirectly, provide You with support or other supplementary services in connection with the Services or Connected Devices. HP may further use User Data (i) to respond to duly authorized information requests of police, law enforcement, or other governmental authorities; (ii) to comply with any applicable law, regulation, subpoena, discovery request or court order; (iii) to investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity; or (iv) to enforce/protect the rights and properties of HP or its affiliates or subsidiaries.
      
      Pusher Ltd. collects some personal data in order to provide a service related to PrintOS. That data will be collected in accordance to Pusher Ltd's Privacy Policy located at https://pusher.com. Some data may be shared with HP for purposes of diagnostics and troubleshooting. Any data shared with HP will be subject to HP's Privacy Statement located at http://www8.hp.com/us/en/privacy/privacy.html governs the collection and use of any personal data. By using PrintOS You agree to the terms of the HP Privacy Statement.
   7. Remote Support. Remote technical support is made available through the Help Menu. HP will make reasonable efforts to respond to any problems reported through the Help Menu within two (2) business days.

4. Your Content

   1. License to Content. You grant us a worldwide, non-exclusive license to host, copy and use Your content as required in order to provide You with the Services. Subject to this limited license we do not acquire any right in Your Content and You or Your licensors retain all rights and ownership to your Content. You warrant that You have full rights to provide to us any Content that You provide through the Services. We have policies in place to limit the access of our employees to Content. Where policies permit access to the Content, it is only for the purpose of providing the Services and supporting You in Your use of the Services.
   2. Responsibility for Content. The Services are not intended to be used as storage, backup or archiving services. It is Your responsibility to back up Your content and You are responsible for any lost or unrecoverable Content.

5. OTHER PRODUCTS AND SERVICES

   We or a third party may make available Third Party Products. We will not be responsible for any act or omission of the third party that provides the Third Party Products, including the third party's access to or use of Content, and we do not warrant or support any Third Party Products.

6. Fees and Payment

   1. Payment Terms. You will pay, and You authorize HP or any of HP's resellers to charge using Your selected payment method for, all fees with respect to Additional Services subscribed to by You. Fees are non-refundable except as required by law. Charges will be made either in advance or in arrears as provided in the additional terms applicable to Additional Services, and either monthly, annually or any other billing frequency offered by HP and selected by You. We will automatically renew Your subscription to any Additional Services for the same subscription period. To cancel such automatic renewal, You must unsubscribe to such Additional Service at least 10 days prior to the end of the applicable subscription period, or as otherwise stated in the online description of the Additional Services.
   2. Billing Information. You are responsible for providing complete and accurate billing and contact information and to update us of any changes to such information. Billing may be performed by a third party service provider of HP. We may suspend or terminate the Services if fees are past due.
   3. Taxes. Our fees do not include taxes, levies or duties, such as value added tax, sales or use tax and any other similar charges. We will charge tax if we are required to do so.

7. Use Obligations and Restrictions

   1. Obligations. You agree to do each of the following in connection with Your use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property rights and export control; (ii) pay the fees for the Services, if applicable, when due; (iii) use reasonable security precautions for providing access to the Services by Your Users, customers or other individuals to whom You provide access; (iv) for 3D Connected Devices, comply with the terms and conditions of the 3DP End User License Agreement contained hereinbelow.
   2. Restrictions. You must not misuse the Services. For example, You may not, whether by Yourself or anyone on Your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful or which violates any person's rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; or (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

8. Intellectual Property Rights

   1. Retention of Rights. All rights not expressly granted to You under these Terms are reserved by HP and its licensors. We and our licensors reserve all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or to HP's intellectual property rights. Nothing in the Terms constitutes a waiver of HP's Intellectual Property Rights under any law.
   2. Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), You grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services.

9. Indemnification

   You will indemnify, defend, and hold harmless HP, its affiliates, resellers, employees, respective successors and assigns, present and former directors, officers, representatives, licensors, partners, suppliers, service providers and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party relating to (a) any Customer Data or breach or alleged breach or violation by You under these Terms, or (b) Your use of the Services that allegedly infringes or misappropriates a third party's intellectual property rights or violates applicable law or that your use of the Services is in violation of these Terms. This indemnification obligation is subject to You receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for You 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 Your 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) You 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.

10. Disclaimers of Warranties

    1. THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND HP DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
    2. OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.

11. Limitation of Liability

    1. IN NO EVENT WILL HP BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. IN NO EVENT WILL HP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED AN AMOUNT GREATER OF (I) US$100.00 OR (II) THE FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
    3. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

12. Term and Termination

    1. Term. These Terms commence on the date You first accept them and will remain in effect until Your subscription to the Services expires or terminates, or until these Terms are terminated.
    2. Termination. You may stop using the Services at any time and You may delete Your Account. We may suspend or terminate Your access to the Services at any time at our discretion and without notice if You do not comply with these Terms. Upon termination of the Services to You, the Account will be terminated, and from the date of termination You will no longer be able to access Your Account.
    3. Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.

13. Governing Law and Jurisdiction

    These Terms are governed by the laws of the state of California excluding rules as to choice and conflicts of law and the courts in the state of California will have jurisdiction; however, HP or its Affiliate may bring suit for payment in the country where Your entity is located. In the event that the Services shall be provided in China, these Terms should be governed by Chinese laws and the courts in China will have jurisdiction. You and HP agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.

14. General

    1. Export Restrictions. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You will not permit Users to access or use the Services in any country which is subject to an embargo by the United States and shall not use the Services in violation of any other export restriction. In addition, You shall not provide the Services to persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
    2. Changes to Terms. HP may change the Terms from time to time, and such change will become effective fifteen (15) days after the date on which it is posted on the PrintOS website. Notice of changes to these Terms will be provided to the Administrator. By continuing to access or use the Services You agree to be bound by the revised Terms.
    3. Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
    4. Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
    5. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and HP.
    6. Entire Agreement. These Terms contain the entire agreement between HP and You relating to Your use of the Services and supersedes any and all prior agreements between HP and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by HP in these Terms.
    7. Assignment. You may not assign Your rights or delegate Your obligations under these Terms without HP's prior written consent. Any purported assignment contrary to this section will be null and void. HP may assign its obligations hereunder among the various HP entities within the HP Inc. group, by a change to the definition of HP hereunder which change will become effective upon posting on the PrintOS website.

No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, Users are not third-party beneficiaries to Your rights under these Terms.

This End-User license Agreement ("EULA") is a legal agreement between You (either an individual or a single entity) (“You” “Your”) and HP Inc. and its affiliates ("HP") that governs Your use of the applicable software that You are seeking to access or use, which is installed on or made available by HP (“Software Offering”) for use in connection with Your computer or the HP 3D printer hardware ("HW Product"), and which is not otherwise subject to a separate license agreement between You and HP or its suppliers. You represent and warrant that You have the right and authority (as well as the capacity—for example, You are of sufficient legal age) to act on behalf of and bind any legal entity (if any) and Yourself. Other software may contain a EULA in its online documentation. The term "Software Offering" means computer software, regardless of delivery model, and may include associated media, printed materials and "online" or electronic documentation.

An amendment or addendum to this EULA may accompany the HP HW Product.

RIGHTS IN THE SOFTWARE OFFERING ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE OFFERING, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN/CANCEL THE SOFTWARE OFFERING WITHIN 14 DAYS OF ACCESSING, DOWNLOADING OR PURCHASING FOR A REFUND, SUBJECT TO THE REFUND POLICY OF ANY HP RESELLER.

1. GRANT OF LICENSE. HP grants You the following non-exclusive, non-sublicensable, and non-transferable rights for the Term, provided You comply with all terms and conditions of this EULA and all Software Offering payment obligations, if any:

   1. Use. You may install, access or use the Software Offering only on those computers in accordance with the Software Offering subscription or payment model You purchased. You may not separate component parts of the Software Offering for use on more than one computer. You do not have the right to distribute the Software Offering. You may load the Software Offering into Your computer's temporary memory (RAM) for purposes of using the Software Offering.
   2. Storage. You may copy the Software Offering into the local memory or storage device of the applicable HW Product.
   3. Copying. You may make archival or back-up copies of the Software Offering, provided the copy contains all of the original Software Offering's proprietary notices and that it is used only for back-up purposes.
   4. Reservation of Rights. HP and its suppliers reserve all rights not expressly granted to You in this EULA.
   5. Freeware. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Offering which constitutes non-proprietary HP software or software provided under public license by third parties ("Freeware"), is licensed to You subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by You shall be governed entirely by the terms and conditions of such license.
   6. Recovery Solution. Any software recovery solution provided with/for Your HW Product, whether in the form of a hard disk drive-based solution, an external media-based recovery solution (e.g. floppy disk, CD or DVD) or an equivalent solution delivered in any other form, may only be used for restoring the hard disk of the HW Product with/for which the recovery solution was originally purchased. The use of any Microsoft operating system software contained in such recovery solution shall be governed by the Microsoft License Agreement.
   7. Eligibility. In order to access, use and install the Software Offering, You must meet the following requirements:
      1. Account. You will need to register for a PrintOS account at https://www.printos.com/start/ (“Account”). You are responsible for anyone who obtains, accesses or uses Software Offerings through Your Account (including any authorized users).
      2. HW Product. You will need to have a computer with Microsoft Windows operating system as well as an eligible HP 3D printer (as detailed in the Software Offering product information) that is connected to such computer pursuant to the connectivity requirements in the HP 3D printer user guide.
      3. File Format. The Software Offering is only compatible with the following file formats: 3MF (https://3mf.io/).

2. UPGRADES. To use a Software Offering identified as an upgrade or update, You must first be licensed for the original Software Offering identified by HP as eligible for the upgrade or update. After upgrading or updating, You may no longer use the original Software Offering that formed the basis for Your upgrade/update eligibility. By using the Software Offering, You also agree that HP may automatically access Your HW Product when connected to the internet to check the version or status of certain Software Offerings and may automatically download and install upgrades or updates to such Software Offerings on to Your HW Product to provide new versions or updates required to maintain the functionality, performance, or security of the HP Software and Your HW Product and facilitate the provision of support or other services provided to You. In certain cases, and depending on the type of upgrade or update, notifications will be provided to You (via pop-up or other means), which may require You to initiate the upgrade or update. Upgrades to the Software Offering may be subject to additional fees payable to HP.

3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Offering provided by HP unless HP provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.

4. TRANSFER. Restrictions. You may not rent, lease or lend the Software Offering or use the Software Offering for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Software Offering except as expressly provided in this EULA.

5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Offering and user documentation are owned by HP or its suppliers and are protected by law, including but not limited to United States patent, copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software Offering.

6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Offering, except and only to the extent that the right to do so is mandated under applicable law not withstanding this limitation or it is expressly provided for in this EULA.

7. TERM AND TERMINATION.
   1. Term. This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if You fail to comply with any term or condition of this EULA.
   2. Termination. HP may terminate any or all of Your subscriptions or license to the Software Offering, and/or Your account, if: (i) You have no current paid subscriptions or failed to timely pay any amounts (including fees and taxes) owing with respect to any Software Offering or otherwise owing to HP; (ii) You (including any of Your authorized users) are in material breach of this EULA (or any other applicable terms) and fail to cure such breach within thirty (30) days after written notice of the breach; (iii) the Software Offering is offered on a trial basis or is free, then HP may terminate for any reason upon sixty (60) days' notice to You; and/or (iv) You become subject to bankruptcy or insolvency proceedings, become insolvent, make an arrangement with or affecting Your creditors (including an assignment for the benefit of creditor) or commence a process of liquidation.
   3. Effect of Termination. Upon expiration or termination of the EULA for any reason, Your rights granted under this EULA with respect to that Software Offering will end. At that time, You will stop all access to and use of the Software Offering (including all access and use by Your authorized users) and uninstall any and all copies related to such Software Offering (including any related software, documentation, APIs or other material from HP). In addition, at HP's request, You will destroy any such copies or return them to HP or the reseller from which You acquired the Software Offering. You will retain proof that You returned or destroyed all such copies. The following section(s) shall survive the termination or expiration of this EULA: Section 5, (Proprietary Rights); Section 12, (Indemnity); Section 11, (Limitation of Liability); Section 10, (Warranty Disclaimers) and any other provisions which by their nature should survive termination of the EULA.
8. CONSENT TO COLLECTION/USE OF DATA.
   1. Anonymous Technical Data. HP will use cookies and other web technology tools to collect anonymous technical information related to the Software Offering and the HW Product. This data will be used to provide the upgrades and related support or other services described in Section 2. HP will also collect personal information including Your Internet Protocol address or other unique identifier information associated with Your software Offering and HW Product and data provided by You on registration of Your Software Offering and HW Product. As well as providing the upgrades and related support or other services, this data will be used for sending marketing communications to You (in each case with Your express cosent where required by applicable law).
      
      To the extent permitted by applicable law, by accepting these terms and conditions You consent to the collection and use of anonymous and personal data by HP, its subsidiaries, and affiliates as described in this EULA and as further described in HP's privacy policy http://www8.hp.com/us/en/privacy/privacy.html?jumpid=reg_r1002_usen_c-001_title_r0001
   2. HP may store information from the customer and their devices. This includes, but is not limited to, 1. 3MF builds - parts, geometries, etc - 2. Process parameters and settings. 3. Project and experiments names and their description, 3. Device information, 4. printed job information like the job summary, job build report and in the future additional. information like thermal images, etc. This information is used by HP for the purpose of allowing the customer use the application and to improve the application. The data is stored in the US, and is not exported outside the US. Per https://rndwiki.inc.hpicorp.net/confluence/display/PrintDataPrivacy/ HP Software is in Zone 1. HP may use web analytics to measure the experience of our customer.HP Software has an internal observability mechanism to support the application and to log how the application is preforming.HP maintains detailed audit logs that capture data elements, such as account name, date and time stamp, and activity performed. HP will take commercially reasonable security measures with the logs and will limit access to the HP security team.
   3. Collection/Use by Third Parties. Certain software programs included in Your HP HW Product are provided and separately licensed to You by third party providers (“Third Party Software”). Third Party Software may be installed and operational on Your HP HW Product even if You choose not to activate/purchase such software. Third Party Software may collect and transmit technical information about Your system (ie., IP address, unique device identifier, software version installed, etc.) and other system data. This information is used by the third party to identify technical system attributes and ensure that the most current version of the software has been installed on Your system. If You do not want the third Party Software to collect this technical information or automatically send You version updates, You should uninstall the software prior to connecting to the Internet.

9. THIRD PARTY SOFTWARE. The Software Offering may include, in addition to HP proprietary software (“HP Software”), software under licenses from third parties (“Third Party Software” and “Third Party License”). Any Third Party Software is licensed to You subject to the terms and conditions of the corresponding Third Party License. Generally, the Third Party License is located in a file such as license.txt; You should contact HP support if you cannot find any Third Party License. If the Third Party Licenses include licenses that provide for the availability of source code (such as the GNU General Public License) and the corresponding source code is not included with the Software Offering, then check the product support pages of HP's website (hp.com) to learn how to obtain such source code

10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE OFFERING “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, GUARANTEES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES, GUARANTEES, OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE OFFERING. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to You in its entirety. Any statements about the Software Offering (including any statements about its functionality, performance, results, improvement to 3D Printed Parts' quality or accuracy, and cost estimates of the 3D Printed Parts), or other communications with You, that are not contained in this EULA are for information purposes only and do not constitute a warranty, representation, condition or other commitment from HP. Without limitation as to the generality of the foregoing, HP does not warrant or otherwise commit that (a) the Software Offering or the access thereto or use thereof, will be available, uninterrupted, error-free, secure, accurate, reliable or complete, (b) the Software Offering will meet any particular performance or availability criteria, (c) Your content will not be lost or damaged and/or (d) errors will be corrected or any particular support requests will be resolved to meet Your needs.
    
    IN AUSTRALIA AND NEW ZEALAND, THE SOFTWARE COMES WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN AND NEW ZEALAND CONSUMER LAWS. AUSTRALIAN CONSUMERS ARE ENTITLED TO A REPLACEMENT OR A REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. AUSTRALIAN CONSUMERS ARE ALSO ENTITLED TO HAVE THE SOFTWARE REPAIRED OR REPLACED IF IT FAILS TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. NEW ZEALAND CONSUMERS WHO ARE PURCHASING GOODS FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION AND NOT FOR THE PURPOSE OF A BUSINESS (“NEW ZEALAND CONSUMERS”) ARE ENTITLED TO REPAIR, REPLACEMENT OR REFUND FOR A FAILURE AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE.

11. LIMITATION OF LIABILITY. Subject to local law, notwithstanding any damages that You might incur, the entire liability of HP and any of its suppliers under any provision of this EULA and Your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by You separately for the Software Offering or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OFFERING, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

12. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under HP's standard commercial license.

13. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software Offering is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.

14. RESPONSIBLE USE OF 3D PRINTING. You will exercise appropriate policies to ensure that digital files are legally 3D printed in the applicable jurisdiction. You further represent and warrant that if the digital file is for a legal firearm, You shall ensure: (1) the end user of the resulting firearm 3D Printed Part is a licensed and regulated firearms manufacturer, (2) the resulting firearm 3D Printed Part is detectable by airport or similar weapons/firearms security screening technology in accordance with US and other applicable law, and (3) the resulting firearm 3D Printed Part is traceable by US and other applicable law enforcement.

15. CAPACITY AND AUTHORITY TO CONTRACT. You represent that You are of the legal age of majority in Your state of residence and, if applicable, You are duly authorized by Your employer to enter into this contract.

16. APPLICABLE LAW. This EULA is governed by the laws of the country in which the equipment was purchased.

17. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the HP HW Product) is the entire agreement between You and HP relating to the Software Offering and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Offering or any other subject matter covered by this EULA. To the extent the terms of any HP policies or programs for software conflict with the terms of this EULA, the terms of this EULA shall control.

© Copyright 2023 HP Development Company, L.P.

The information contained herein is subject to change without notice. All other product names mentioned herein may be trademarks of their respective companies. To the extent permitted by applicable law, the only warranties for HP HW Products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. To the extent permitted by applicable law, HP shall not be liable for technical or editorial errors or omissions contained herein.

First Edition: October 2018

817678-001