Qualified Product. Customer must be using an HP or Compaq branded PC and running Windows XP (professional & home edition), Windows XP Service Pack 3, Windows Vista or Windows 7. In some circumstances, HP can accept to help a customer owning a non-HP branded PC if the question is related to usage of non-HP branded software (a complete overview of such non-HP branded software can be found at: xxx.xx.xxx/xx/xxxxxxxxxxx). In addition, the following requirements must be met and following provisions will apply as a condition for HP‟s provision of Service: (a) Customer must have the operating systems listed in the Service description. See complete and updated list on xxx.xx.xxx/xx/xxxxxxxxxxx. Other operating systems will not be supported under the Service. (b) Product must be at current specified revision levels, operated within published maximum usage rates and, in HP's reasonable opinion, in good operating condition. Except if and as otherwise agreed by HP in writing, and then only on a reasonable efforts basis, Service will not be provided for the Product beyond the published end-of-support date, or for non-HP branded software applications and/or drivers which are no longer supported by the third party software vendor, whichever occurs first. (c) HP provides Service only for the current and immediately preceding, or specified, version of HP and non-HP software Product for which Customer has a valid and appropriate software license(s), and only when the software Product is used with hardware that is included in HP-specified or non-HP vendor-specified configurations. (d) HP may, at no additional charge, modify the Product to improve operation, supportability and reliability, or to meet legal requirements.

Qualified Product. Only the specific HP hardware consumer Products referenced in this Agreement are eligible for coverage hereunder (a complete overview of the Products can be found at: xxx.xx.xxx/xx/xxxxxxxxx). In addition, following requirements must be met and following provisions will apply as a condition for HP’s provision of Service: (a) Product must be at current specified revision levels, operated within published maximum usage rates and, in HP's reasonable opinion, in good operating condition. Except if and as otherwise agreed by HP in writing, and then only on a reasonable efforts basis, Service will not be provided for the Product beyond the published end-of-support date, or for non-HP branded software applications and/or drivers which are no longer supported by the third party software vendor, whichever occurs first. (b) HP provides Service only for the current and immediately preceding, or specified, version of HP and non-HP software Product for which Customer has a valid and appropriate software license(s), and only when the software Product is used with hardware that is included in HP-specified or non-HP vendor-specified configurations. (c) HP may, at no additional charge, modify the Product to improve operation, supportability and reliability, or to meet legal requirements. (d) Unless otherwise specified in the Service description, HP does not support non-HP products and components. However, Service may also be provided in limited circumstances and under HP’s sole appreciation and decision for an issue in relation with a combination of HP Products and non-HP product and/or software.

Qualified Product. Only the specific Product referenced in this Agreement is eligible for coverage hereunder. HP accessories listed in the Service description and HP internal accessories purchased with the Product or subsequent to the purchase of the Product are covered under Service for the remainder of the term. Accessories for which specific support coverage is sold separately are not covered under Service. In addition, following requirements must be met and following provisions will apply as a condition for HP’s provision of Service: • Product must be at current specified revision levels, operated within published maximum usage rates and, in HP's reasonable opinion, in good operating condition. Service will not be provided for the Product beyond the published end-of-support date, except if and as otherwise agreed by HP in writing, and then only on a reasonable efforts basis. • HP provides Service only for the current and immediately preceding, or specified, version of HP and non-HP software Product for which Customer has a valid and appropriate software license(s), and only when the software Product is used with hardware that is included in HP-specified or non-HP vendor-specified configurations. • HP may, at no additional charge, modify Product to improve operation, supportability and reliability, or to meet legal requirements. • Unless otherwise specified in the Service description, HP does not support non-HP products and components.

Related to Qualified Product

Licensed Product The term “Licensed Product” shall mean any product (a) the manufacture, use, importation, sale or offer for sale of which would, in the absence of the license granted by this Agreement, infringe a Valid Claim of any of the Licensed Patent Rights, or (b) that is comprised of, utilizes or incorporates Licensed Biological Materials, or (c) that is discovered, developed or made using a Licensed Process.
Combination Product The term “
Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.
Combination Products If a LICENSED PRODUCT is sold to any third party in combination with other products, devices, components or materials that are capable of being sold separately and are not subject to royalties hereunder (“OTHER PRODUCTS,” with the combination of products being referred to as “COMBINATION PRODUCTS” and the Other Product and Licensed Product in such Combination Product being referred to as the “COMPONENTS”), the NET SALES of such LICENSED PRODUCT included in such COMBINATION PRODUCT shall be calculated by multiplying the NET SALES of the COMBINATION PRODUCT by the fraction A/(A+B), where A is the average NET SALES price of such LICENSED PRODUCT in the relevant country, as sold separately, and B is the total average NET SALES price of all OTHER PRODUCTS in the COMBINATION PRODUCT in the relevant country, as sold separately. If, in any country, any COMPONENT is not sold separately, NET SALES for royalty determination shall be determined by the formula [C / (C+D)], where C is the aggregate average fully absorbed cost of the Licensed Product components during the prior Royalty Period and D is the aggregate average fully absorbed cost of the other essential functional components during the prior Royalty Period, with such costs being determined in accordance with generally accepted accounting principles. To the extent that any SUBLICENSE INCOME relates to a COMBINATION PRODUCT or is otherwise calculated based on the value of one or more licenses or intellectual property rights held by the COMPANY, an AFFILIATE or SUBLICENSEE, COMPANY shall determine in good faith and report to THE PARTIES the share of such payments reasonably attributable to COMPANY’s or such AFFILIATE’s sublicense of the rights granted hereunder, based upon their relative importance and proprietary protection, which portion shall be the SUBLICENSE INCOME. THE PARTIES shall have the right to dispute such sharing determination in accordance with the dispute provisions of the AGREEMENT.
Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.
New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.
Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.
Recycled Products The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. References: 42 U.S.C. 6962, 40 CFR Part 247, Executive Order 12873 (More than $10,000)
Third Party Products 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.
Regulatory Approval 25.1 The Parties understand and agree that this Agreement and any amendment or modification hereto will be filed with the Commission for approval in accordance with Section 252 of the Act and may thereafter be filed with the FCC. The Parties believe in good faith and agree that the services to be provided under this Agreement are in the public interest. Each Party covenants and agrees to fully support approval of this Agreement by the Commission or the FCC under Section 252 of the Act without modification.

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