Your use of our Services
Your use of the HP App Center website at https://appcenter.smartcloudprint.com ("APP CENTER") and any related application, programmatic interfaces ("APIs"), software development kits ("SDKs"), software, services, platforms, portals or websites (collectively "Services") provided by HP Inc., or an HP Inc. Affiliate (collectively "HP") is subject to the terms set out below and any other terms applicable to you from time to time, including but not limited to, HP's Online Privacy Statement
(collectively the "Terms").
By using the Services, you may, subject to the Terms, make content and other software applications ("Applications") produced by you available to users.
"We," "us" or "HP" means HP. You may contact us at the support menu of the APP CENTER. "HP Affiliate"(s) means any entity controlling, controlled by or under common control with HP Inc., where 'control' means the direct or indirect ownership of more than fifty percent (50%) of such entity's capital or equivalent voting rights. "You" or "your" means the party accepting these Terms by clicking the "accept" button associated with these Terms or otherwise by using the Services.
It is important that you take the time to read the Terms carefully. These Terms and any of the documents referred to in these Terms form a legally binding agreement between you and HP relating to the Services and your use thereof; provided, that, in the event there is a separate written agreement that has been entered into between you and HP regarding a provision of the Applications produced by you and there is any inconsistency between such separate written agreement and these Terms, such separate written agreement shall control but only to the extent of the inconsistency.
Accepting the Terms
- In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. If you do not accept the Terms, you will not be able to access the Services.
- You may not use the Services and may not accept the Terms if (a) you are under 18, or (b) you are a person barred from receiving the Services under the applicable laws of the country in which you are resident or from which you use the Services or (c) you are in a country to which we do not provide the Services.
- You may use the Services only if you can form a binding contract with HP and are not a person barred from receiving services under applicable law or jurisdictional restriction. If you are accepting the Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with the Terms and all applicable local, state, national, and international laws, rules and regulations.
Registration for Services
- In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services, or update such information as required and keep it accurate as part of your continued use of the Services.
- You may also be required to provide a username using your email address, your date of birth, your passwords and any other information related to the Application as requested by HP to create your account with us ("APP CENTER Account"). You understand that you are responsible for maintaining the confidentiality of your username, your date of birth and passwords. You agree that you will be solely responsible to HP for all activities that occur under your APP CENTER Account and we are not responsible for problems with your APP CENTER Account due to misuse of your username and/or passwords. If you become aware of, or suspect, any unauthorized use of your username, your date of birth, passwords or of your APP CENTER Account, you agree to notify us immediately at the support menu of the APP CENTER.
- Upon completion of registration for the Services by you and verification of your registration details by us, if you wish to distribute the Application(s) in accordance with Section 5 of these Terms, then you will be able to upload the specific Application for its quality assurance and posting for distribution.
- We may reject the registration of your Application without having a reason to do so. If the registration of your Application is rejected for any reason, we will notify you of such reason or not, at our discretion, upon your written request.
Privacy and your personal information
In order to use the Services, you must register by providing limited personal information (e.g., name and e-mail address), and creating a username and password to access the Services. Any personal information provided by you, as well as any other information collected during the course of your use of the Services, will be treated in accordance with the HP Online Privacy Statement available at http://www8.hp.com/us/en/privacy/privacy.html
Submission, Verification, and Distribution of Applications
- Submission. You must submit to HP each Application that you wish to distribute. You are solely responsible and liable for the Applications you submit and for complying with any support requirements, if any, set forth in the Documentation (defined in Section 5.2). All copies of the Application (e.g. the electronic files) you submit will be retained (or destroyed) by HP and will not be returned. You are responsible for retaining a backup copy of your Application.
- Compliance. For each Application that you submit to HP, you agree to comply and remain in compliance with all requirements and obligations detailed in these Terms and/or other documentation we may provide to you from time to time for your compliance with matters such as support requirements, content guidelines, technical specifications, HP advertising guidelines and submission guidelines (collectively, "Documentation"), including complying with all applicable laws. HP may revise the Documentation from time to time in its sole discretion and will provide you with a reasonable time-frame within which to bring your Application into compliance with such revisions. Failure to comply with the obligations in the then-current Documentation may, among other things, result in removal of your Application from the APP CENTER and possible revocation of your APP CENTER Account.
- Verification. You shall submit your Application to HP, provided that you have accepted any additional terms of service from HP and/or HP's designated verification vendors and agree that HP and/or HP's designated verification vendor (as applicable) will evaluate the Application to determine whether the Application complies with HP's quality assurance requirements. Any such verification or evaluation by HP in no way affects your responsibility under the Terms or can be construed as a waiver of rights of HP and shall not subject HP to any liability to users of Your Application. Your Application should be capable of being installed into our target devices and work in accordance with your Application description, as installed, without causing any adverse effect to such devices. HP shall inform and update you regularly of the progress of the verification process. Resubmission of your Application is permitted provided any defects of which you are notified and/or suggestions made by HP for improvement are made prior to such resubmission. Verification of your Application does not constitute a warranty, approval, certification or endorsement of such Application.
- Distribution. Upon successful verification of your Application, HP will digitally sign the Application and make it available to you for your download and distribution. HP has no obligation to distribute any Application you submit through the APP CENTER repository or by any other means and is not obligated to give you any reason for such refusal. If requested in writing, HP will evaluate your verified Application for distribution through the APP CENTER repository, and if we approve such distribution, we will do so in accordance with these Terms. HP will not post any Application for distribution unless and until the Application has successfully completed HP's quality assurance process to HP's satisfaction. In addition, HP has sole discretion to determine the device or devices on which any Application is made available for distribution.
- Application Placement. HP reserves the right, in its sole discretion, to make all decisions regarding placement or promotion for an Application.
- Removal. HP reserves the right to remove any Application from the APP CENTER for any reason and is not obligated to give you any reason for such removal. However, examples of reasons for removal include, without limitation, (i) your breach of these Terms, separate written agreement or the Documentation; (ii) your express termination of these Terms or of the license grants associated with an Application; (iii) an assertion or claim that your Application infringes the intellectual property rights of a third party or otherwise contains illegal content or breaches any applicable law; or (iv) user complaint(s) about the content, quality or support of your Application;(v) at the request or order of any judicial or administrative body.
- HP Applications. We may also make our own Applications available to users and in this case, HP would contract with users directly in respect of HP Applications. Nothing in this Agreement shall restrict or limit HP's ability to produce Applications even if such Applications contain functionality which is similar to or equivalent to your Applications.
- Hacking. Hacking means the unauthorized access or circumvention of security measures of a website, device, network or server, (including using another member's username and password), to interrupt, disrupt, damage, interfere or otherwise access in an unauthorized manner the operation and enjoyment of such device, computer system, network, server or website. You shall not develop or provide an Application that has any Hacking capabilities purposes or properties. If HP, in its discretion, reasonably determines that any Application has any Hacking capabilities, purposes or properties, HP reserves a right to terminate these Terms with respect to you pursuant to Section 11. HP does not warrant that he APP CENTER will be free from risk of Hacking activities. For the avoidance of doubt, HP shall have no liability in connection with Hacking including without limitation, any liability for damage to any device, computer system, network, server or website.
- HP hereby grants you, and you hereby accept, a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to use the Services. You may use the Services internally, and/or use or distribute Applications in connection with your commercial products, subject to the terms set forth herein.
License to HP.
You do not transfer ownership of the Application to HP by submitting it, but you do grant to HP:
- the worldwide right to host, use, distribute, edit and license the Application for evaluation and verification (by HP or HP's designated verification vendors);
- the worldwide right to modify or edit the Application for security purposes including, without limitation, the right to apply or upgrade security patches or related software to the Application; and
- the right to directly or indirectly host, market, promote, and distribute the Application to users and to grant licenses of Applications to users.
You also grant HP the right to use the Application and its name and/or to publish your entity name and trademarks, both on-line and off-line, in connection with the marketing and distribution of the Application through the APP CENTER.
HP may exercise these rights itself or through a third party designated by HP and shall have the right to sublicense the above rights to a third party designated by HP.
Representation and Warranties
You represent and warrant to HP that:
- You have the power and authority and full capacity to enter into the Terms and to fully perform your obligations under the Terms.
- The Application is your own original work and does not violate any HP or third-party intellectual property or other proprietary rights, and you have obtained any and all consents, approvals or licenses (including written consents of third parties where applicable) required for you to submit and license your Application under these Terms or a separate written agreement related to the Services and for your Application to access any Internet-based services, if any, to which the Application enables access.
- Listing, marketing, distribution, installation and use of your Application through the APP CENTER does not violate any agreements to which you are a party or of which you are otherwise aware; if your Application includes any open source software, your Application complies with any corresponding license obligations for such open source software. You shall avoid taking or performing any action in a manner that would require HP products, software, and any derivative work thereof to be licensed under open source license terms.
- Your Application does not contain any viruses, hidden content, Hacking capabilities, purposes or properties, or other malicious applications (including, for example, any "trap doors," "worms," "Trojans," or "time bombs"),other unauthorized or hidden programs, or other content which may compromise the Services. Your Application does not collect any user information or personal data for which you have not obtained the user's required consent.
- Your Application does not contain any unauthorized third party content or prohibited content (as identified in the Documentation) and otherwise complies with the Documentation and with the applicable laws of each jurisdiction, including any US or foreign export control laws, to which you are submitting the Application for distribution. For the avoidance of doubt, you shall not create any Application, program or work product of any kind, or post, transmit, distribute, print or otherwise store content utilizing the Services which reasonably could be considered (a) defamatory, libelous, hateful, vulgar, pornographic, obscene, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing or harmful to any individual, partnership, or corporation, or invasive of another's privacy, (b) infringing on the proprietary rights of a third party, (c) violates or otherwise encroaches on the rights of others, (d) advocates illegal activities, (e) intentionally or unintentionally violates any applicable law, or (f) subjects HP to any legal liability.
- You are legally eligible to submit your Application to HP in accordance with applicable laws in your relevant jurisdiction.
- The information you provide to HP under or in connection with these Terms is true, accurate, current and complete.
- You shall use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
- If you use the Services to facilitate distribution of the Application, you shall protect the privacy and legal rights of users in accordance with all applicable laws. Your Application will comply with all applicable laws, rules and regulations, including without limitation, the Children's Online Privacy and Protection Act, all other laws governing the collection, use, storage and transfer of personal data or personal information, and any laws that apply to in-app purchases. Just as the definition of what constitutes personal information is evolving, HP trusts that your Application will evolve and keep up not only with the law but also with industry best practices in Applications that are designed for use by children. If users provide you with, or your Application accesses or uses, user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to you and/or your Application and you shall provide legally adequate privacy notices and protection of that information for those users. Further, your Application may only use that information for the limited purposes for which the user has given you permission.
- You shall not engage in any activity with the Services, including the development or distribution of any Applications, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including but not limited to APP CENTER users, HP or any third party designated by HP.
- You shall not (a) modify the Services in any fashion; (b) perform and/or publish any benchmark or performance testing, (c) publish information provided by the API in a bulk format, (d) use the API in conjunction with deep packet inspection and/or any form of network surveillance technology; to monitor Internet and/or other telecommunications traffic, or (e) decompile, disassemble or reverse engineer the Services.
- You agree to defend, indemnify and hold harmless HP from and against any and all third party claims and all losses resulting from or arising out of your breach of the Terms, any separate written agreement related to the Services and/or misuse of the Services by a third party where such misuse was caused in whole or in part by your failure to take reasonable measures to protect your username and passwords against misuse.
- You shall be responsible for users' claims and shall indemnify and hold HP harmless from and against, HP's losses arising out of any errors of your Application or any errors or losses to or arising from HP devices caused by your Application.
- You shall be fully responsible for paying any and all royalties payable to third parties in relation to the provision of, streaming, and/or download of content supplied through your Application including (without limitation) to relevant collection societies in all relevant territories.
- Confidential Information. You agree that at all times during the term of these Terms and thereafter, you will hold in strictest confidence, and will not use or disclose to any third party, any HP Confidential Information. The term "HP Confidential Information" means all non-public information that HP designates, either in writing or verbally, as being confidential, or which, under the circumstances of disclosure ought to be treated as confidential. HP Confidential Information includes information relating to (i) business policies or practices of HP, (ii) customers or suppliers of HP, or (iii) information received from others that HP is obligated to treat as confidential. If you have any questions as to what comprises HP Confidential Information, you agree to consult with HP. HP Confidential Information does not include information that was known to you prior to HP's disclosure to you, or information that becomes publicly available through no direct or indirect fault of yours. We further agree that these Terms will be deemed HP Confidential Information.
- Applications. Any Application or other materials you provide to us in any form shall be non-confidential and HP shall have no restrictions on its ability to disclose and publish such information and Applications.
- Publicity. Except for legally mandated disclosures or pursuant to the rules of the applicable stock exchanges on which the securities of you or HP are traded, you will not issue any press release or make any public announcement(s) disclosing the existence of these Terms without obtaining HP's prior written consent. Without limiting the above, in the case that information is disclosed publicly or to third parties without the prior written approval HP, you shall notify us of any disclosure immediately and provide all requisite support and cooperation as is necessary for HP to remedy or mitigate the effects of the disclosure.
- You acknowledge and agree that HP owns all legal right and title in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- Unless you have agreed otherwise in writing with HP, nothing in these Terms gives you a right to use any of HP's trade names, trademarks, service marks, logos, domain names, and/or other distinctive brand features.
- If you have been given an explicit right to use any of these brand features in a separate written agreement with HP, then you agree that your use of such features shall be in compliance with that agreement.
- Other than the limited license set forth in Section 6 of these Terms, HP acknowledges and agrees that they obtain no right, title or interest from you (or your licensors) under these Terms in or to any Application that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with HP, you agree that you are responsible for protecting and enforcing those rights and that HP has no obligation to do so on your behalf.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) or confidential legends which may be affixed to or contained within the Services.
- Unless you have been expressly authorized to do so in writing by HP, you agree that in using the Services, you will not use or modify any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Software updates and availability of Services
- The software which you use during the Services may automatically download and install updates from time to time from HP. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit HP to deliver these to you) as part of your use of the Services.
- HP reserves the right, in its sole discretion, to change, improve and correct the Services. The Services may not be available during maintenance breaks and other times. HP may also decide to discontinue the Services or any part thereof (and with respect to any or all users) in its sole discretion at any time. In such case, you will be provided with prior notification.
- For security purposes, HP reserves the right, in its sole discretion, to apply or update security patches to the Application or modify the Application to the extent required for such purpose without prior notification to you. In such case, however, HP shall make relevant subsequent notice to you and users as soon as commercially reasonable.
Activation and Support
HP shall have no obligations to provide technical support to you when software errors and defects are found in your Application distributed via the APP CENTER repository or otherwise. HP is not obligated to provide you, your customers or any other third party updates, upgrades, enhancements or modifications of any kind. You are solely responsible for providing support for your products.
- You shall register your Application after fixing any defects with HP's verification team within a reasonable period of time. If the defect(s) cannot be fixed within such reasonable period of time or at all, you agree on making any additional efforts as shall be required by HP to remedy the defect.
Ending your use of the services
- These Terms will continue to apply until terminated by either you or HP as set out below. Any provision that, by its terms, is intended, to survive the expiration or termination of these Terms, shall remain in full force and effect.
- If you want to terminate these Terms, you may do so by (a) informing HP in writing and (b) closing your APP CENTER Account for all of the Services which you use by going through the process set out in this Section. As soon as reasonably practicable after receipt of termination from you, we will give you a notice of closure of your APP CENTER Account by email and your account will be closed.
- HP may at any time and without reason, terminate these Terms with you by giving written notice of termination to the email address held in our records for you. Following delivery of this email notice, your account will be closed.
- Upon termination of these Terms, HP shall delete your Application(s) and any related documentation from the APP CENTER, provided that HP may keep a copy of the Application(s) and/or any related documentation for the purpose of technical support for existing users.
- Upon any discontinuation or disruption in end users' use of your Application(s), you shall notify the users of such discontinuation or disruption and mitigate any harm to such users. You shall indemnify, defend and hold harmless HP from any claims, disputes, expenses or costs arising from such discontinuation or disruption.
- Either you or we can terminate these Terms immediately if the other party breaches these Terms and fails to remedy the breach within fourteen (14) days of receipt of a written notice that they have breached these Terms.
Nothing in these Terms excludes HP's liability (if any) to you for:
- personal injury or death resulting from our negligence;
- any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
THE SERVICES ARE PROVIDED SOLELY "AS IS", WITHOUT WARRANTY OF ANY KIND OR NATURE. YOU ACKNOWLEDGE THAT THE SERVICES MAY HAVE ERRORS OR DEFECTS. HP MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT VIA THE SERVICES AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT OR OTHER MATERIAL THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF CONTENT THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY CONTENT OR OTHER MATERIALS VIA THE SERVICES OR OTHERWISE FROM YOUR USE OF THE SERVICES.
We do not warrant or guarantee that the Services will be:
- compatible with all or any hardware and software which you may use;
- available all the time or at any specific time, uninterrupted, secure or error free; or
- suitable for your requirements or meet any specific level of performance or functionality
We reserve the right to withdraw or modify the Services at any time. If you are dissatisfied with the Services or any part thereof, your sole and exclusive remedy is to discontinue using the Services. HP shall not be responsible for any loss or damage to you, your customers, or any other third parties caused by the Services or by HP's performance of these Terms. You acknowledge that use of the Services, including in connection with a commercial product as authorized hereunder, is entirely at your own risk and that HP has and shall have no obligation or liability whatsoever regarding your use of the Services, or HP's termination, suspension, limitation or modification of the Services.
HP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR ANY OTHER CONTENT, LOST PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES), ARISING OUT OF ANY USE OF THE SERVICES OR ANY PERFORMANCE OF THESE TERMS (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, OR SECURITY BREACHES RELATED TO THE SERVICES). YOU FURTHER AGREE THAT IN NO EVENT WILL HP'S AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF CLAIM IN ANY WAY CONNECTED WITH THE SERVICES EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ACCESS THE SERVICES FOR THE ONE MONTH PERIOD PRIOR TO THE DATE ON WHICH YOUR CLAIM AROSE.
By using the Services, you agree to indemnify HP against any costs, damage, claims, liabilities and expenses incurred as a result of your use, operation, or possession of the Services or your breach of these Terms, separate written agreements, the Privacy Statement and/or any other applicable terms.
If in a relevant jurisdiction, these limitations and exclusions are not permitted then our liability shall be limited and excluded to the fullest extent permitted by law.
Copyright and trade mark policies
HP shall respond to notices of alleged copyright infringement that comply with applicable international or respective national intellectual property law and to terminate the accounts of repeat infringers.
- HP may make changes to the Terms from time to time without your consent. When these changes are made, HP will make a new copy of the Terms available at the APP CENTER and any new additional terms will be made available to you from within, or through, the affected Services.
- You understand and agree that if you use the Services after the date on which the Terms changed, HP will treat your use as acceptance of the updated Terms, and such use constitutes your acceptation of such updated Terms.
General legal terms
- Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
- With the exception of any separate written agreement that has been entered into or is to be entered into between you and HP regarding a provision of Application(s) provided by you, the Terms constitute the whole legal agreement between you and HP and govern your use of the Services (but excluding any services which HP may provide to you under a separate written agreement with HP), and completely replace any prior agreements between you and HP in relation to the Services (but excluding any services which HP may provide to you under a separate written agreement).
- You agree that HP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
- You agree that if HP does not exercise or enforce any legal right or remedy which is contained in the Terms (or which HP has the benefit of under any applicable law), this will not be taken to be a formal waiver of HP's rights and that those rights or remedies will still be available to HP.
- If any court of law, having the jurisdiction to decide on the matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. The Terms do not limit any rights you may have under mandatory national laws which do not allow us to deviate from them. Without prejudice to the first sentence of this Section 16.5, where the Terms or parts of them would infringe such national mandatory provisions, they must be considered as automatically replaced by a clause which to the extent possible is as similar as possible to the current one without infringing such national mandatory provision.
- You acknowledge and agree that all HP Inc. Affiliates shall be third party beneficiaries to the Terms and shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
- You may not transfer, assign, charge or otherwise dispose of these Terms, or any of your rights or obligations arising under them, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our rights or obligations arising under it, at any time during its term.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government. Our performance under the Term is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.
- The Terms will be governed by and interpreted in accordance with the laws of the State of California without reference to its choice of law provisions. Any suit, action, or proceeding arising from or relating to the Services and/or the Terms must be brought solely and exclusively in the state or federal courts, as appropriate, in Santa Clara County, California, and you irrevocably consent to the exclusive jurisdiction and venue of such courts in any suit, action or proceedings. If you are a consumer, in the event required by applicable law in your location, any disputes arising in connection with the Terms may be governed by the laws and the courts of your country and locality where you reside. Notwithstanding this, you agree that HP shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction which will be chosen by HP or must be set by the respective law.