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purpose, the Contractor will refund the full amount of any payments that have been <br />made. The rights and remedies of the parties under this warranty are in addition to any <br />other rights and remedies of the parties provided by law or equity, including, without <br />limitation, actual damages, and, as applicable and awarded under the law, to a <br />prevailing party, reasonable attorneys' fees and costs. <br />Product performance. All HPE-branded hardware products are covered by HPE's <br />limited warranty statements that are provided with the Products or otherwise made <br />available. Hardware warranties begin on the date of delivery or if applicable, upon <br />completion of HPE installation, or (where Customer delays HPE installation) at the latest <br />30 days from the date of delivery. Non-HPE branded products receive warranty <br />coverage as provided by the relevant third party supplier. <br />Software performance. HPE warrants that its branded software products will conform <br />materially to their specifications and be free of malware at the time of delivery. HPE <br />warranties for software product will begin on the date of delivery and unless otherwise <br />specified in Supporting Material, will last for ninety (90) days. HPE does not warrant <br />that the operation of software products will be uninterrupted or error free or that <br />software products will operate in hardware and software combinations other than as <br />authorized by HPE in Supporting Material. <br />Services performance. Services are performed using generally recognized commercial <br />practices and standards. Customer agrees to provide prompt notice of any such service <br />concerns and HPE will re -perform any service that fails to meet this standard. <br />Services with Deliverables. If Supporting Material for services define specific <br />deliverables, HPE warrants those deliverables will conform materially to their written <br />specifications for 30 days following delivery. If Customer notifies HPE of such a non- <br />conformity during the 30 day period, HPE will promptly remedy the impacted <br />deliverables or refund to Customer the fees paid for those deliverables and Customer <br />will return those deliverables to HPE. <br />Product Warranty Claims. When Contractor receives a valid warranty claim for an HPE <br />hardware or software product, HPE will either repair the relevant defect or replace the <br />product. If HPE is unable to complete the repair or replace the product within a <br />reasonable time, Customer will be entitled to a full refund upon the prompt return of the <br />product to HPE (if hardware) or upon written confirmation by Customer that the relevant <br />software product has been destroyed or permanently disabled. HPE will pay for <br />shipment of repaired or replaced products to Customer and Customer will be <br />responsible for return shipment of the product to HPE. <br />Eligibility. HPE's service, support and warranty commitments do not cover claims <br />resulting from: <br />1. improper use, site preparation, or site or environmental conditions or other non- <br />compliance with applicable Supporting Material; <br />Attachment A: Page 14 of 31 <br />