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Terms Notice
IMPORTANT - Carefully read the License
Terms before proceeding. You may use the scroll bar to read all
of the License Terms.
If you agree to the terms,
please click on the "I accept" button.
Web-wrap Terms
HEWLET- PACKARD COMPANY LICENSE AGREEMENT
USE OF THIS SOFTWARE IS SUBJECT TO THE HP SOFTWARE
LICENSE TERMS AND THE WARRANTY STATEMENT SET FORTH BELOW. YOU SHOULD
READ ALL THE TERMS OF THIS AGREEMENT CAREFULLY. YOU WILL BE ASKED
TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT THE TERMS OF THIS AGREEMENT.
REFERENCES HEREIN TO "CUSTOMER" ARE REFERENCES TO YOU,
AS A LICENSEE OF HP SOFTWARE.
IF YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS
AGREEMENT, CLICK THE "I AGREE" BUTTON INDICATED BELOW
AND BEGIN DOWNLOADING THE SOFTWARE. IF YOU DO NOT AGREE TO BE BOUND
BY ALL THE TERMS OF THIS AGREEMENT, HP IS UNWILLING TO GRANT YOU
ANY RIGHTS TO USE THE SOFTWARE, AND YOU MUST STOP INSTALLING THE
SOFTWARE AND INDICATE YOUR REJECTION OF THIS AGREEMENT BY CLICKING
THE "I DISAGREE" BUTTON. NOTWITHSTANDING THE FOREGOING,
INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE
OF THESE LICENSE TERMS.
DEFINITIONS
"Software" means one or more programs
capable of operating on a controller, processor or other hardware
Product ("Device") and related documentation. Software
is either a separate Product or fixed in a Device and not removable
in normal operation ("Firmware").
"Use" means storing, loading, installing, executing, or
displaying Software on a Device.
"Products" means Software and documentation that are determined
by HP to be available from HP upon receipt of Customer's order.
"Software License" means the Software license grant and
general license terms set forth herein. Each Software License has
a corresponding License Fee.
"License Fee" means the fee or fees designated by HP for
Use of Software. Different License Fees may apply to particular
Software if more than one Software License is available for that
Software.
"Delivery" means standard HP shipping to and arrival at
the receiving area at the Ship To address specified in Customer's
order.
LICENSE GRANT
1. HP grants Customer a non-exclusive license
to Use the object code version of the Software on the quantity of
devices specified above at any one time and in conformance with:
a. The terms set forth herein; and
b. Use restrictions and authorizations for the Software specified
by HP or in its quotation, invoice or terms that accompany the
Software; and
c. HP's third-party suppliers' terms that accompany the Software.
In the event of a conflict, the third-party suppliers' terms that
accompany the Software will take precedence over the Use restrictions
and authorizations specified by HP and the terms set forth herein
ONLY IN CONNECTION WITH THE CORRESPONDING THIRD PARTY SOFTWARE
(SUCH CONFLICTING THIRD PARTY TERMS, IF ANY, SHALL NOT EXPAND
HP'S DUTIES OR POTENTIAL LIABILITY UNDER THIS AGREEMENT); and
2. Unless otherwise specified, all Software
Licenses will be perpetual unless terminated or transferred in accordance
with the terms of this agreement
3. If Customer is an HP authorized reseller, Customer may sublicense
the Software to an end-user for its Use or (if applicable) sublicense
the Software to an HP authorized reseller for subsequent distribution
to an end-user for its Use. These sublicenses must incorporate the
terms of this Software License in a written sublicense agreement,
which will be made available by HP upon request. If Customer is
not an HP authorized reseller, Customer may not sublicense the Software
unless otherwise agreed to by HP in writing.
GENERAL LICENSE TERMS
COPYRIGHT: SOFTWARE
is owned and copyrighted by HP or by third-party suppliers. Customer's
Software License confers no title or ownership and is not a sale
of any rights in the Software. Third-party suppliers may protect
their rights in the Software in the event of any infringement.
RESTRICTIONS: Customer
may not rent, lease, or otherwise transfer the Software except as
expressly authorized in these terms. Customer may not make the Software
available over the Internet or any other publicly accessible network
or technology. Customer may not remove any copyright, trademark,
or other proprietary notices from the Software or the media. Any
and all copyrights must be reproduced.
COPYING:Customer
may not copy the Software except as expressly provided for herein.
Customer may copy the Software into the local memory or storage
device of the specified quantity of computers. Customer may copy
the Software onto a network server or secure Intranet for the sole
purpose of distributing the Software to the quantity of computers
within your company set forth in the use restrictions and authorizations
for the Software specified by HP in its quotation, invoice or terms
that accompany the Software. Customer may make archival or back-up
copies of the Software. Customer may permanently transfer your rights
to use the Software, the Software itself including any updates to
the specified version of the Software, and the accompanying documentation
including your hard copy License Agreement, provided you retain
no copies of the Software, updates, documentation, or License Agreement,
and the recipient agrees to the License Terms.
TRANSFERABILITY: Customer's
Software License is transferable subject to HP's prior written authorization
and payment to HP of any applicable fee(s). Upon transfer of the
Software License, Customer will immediately deliver all copies of
the Software to the transferee. Customer may transfer Firmware only
upon transfer of the associated Device. The transferee must agree
in writing to the terms of Customer's Software License. All Software
License terms will be binding on involuntary transferees, notice
of which is hereby given. Customer's Software License will automatically
terminate upon transfer.
TERMINATION:HP
may terminate Customer's or any transferee or sublicensee's Software
License upon notice for failure to comply with any applicable Software
License terms. Immediately upon termination, the Software and all
copies of the Software will be destroyed or returned to HP. Copies
of the Software that are merged into adaptations, except for individual
pieces of data in Customer's or transferee's or sublicensee's database,
will be removed and destroyed or returned to HP. With HP's written
consent, one copy of the Software may be retained subsequent to
termination for archival purposes.
UPGRADES: Updates,
upgrades or other enhancements are available under HP Support agreements.
HP reserves the right to require additional licenses and fees for
Use of the Software on upgraded Devices.
MODIFICATION/DECOMPILING: Customer
will not modify, disassemble, reverse engineer, decompile or create
derivative works of the Software without HP's prior written consent.
Where Customer has other rights under statute, Customer will provide
HP with reasonably detailed information regarding any intended disassembly
or decompilation. Customer will not decrypt the Software unless
necessary for legitimate use of the Software.
LIMITATION OF LIABILITY
Attention Notice
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL
LAW, IN NO EVENT WILL HP OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING
LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF THE USE,
INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER
BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER
OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE
IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN
THE PLANNING, CONSTRUCTION, MAINTENANCE, OR DIRECT OPERATION OF
A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS
SYSTEMS. CUSTOMER IS SOLELY LIABLE IF THE SOFTWARE IS USED FOR THESE
APPLICATIONS. CUSTOMER WILL INDEMNIFY AND HOLD HP HARMLESS FROM
ALL LOSS, DAMAGE, EXPENSE OR LIABILITY IN CONNECTION WITH SUCH USE.
In any case, HP's entire liability under any provision of this Software
License and Express Limited Warranty shall be limited to the greater
of the amount actually paid by Customer for the Software or U.S.
$ 5.00. Customer's use of the Software is entirely at Customer's
own risk. Should the Software prove defective, Customer assumes
the entire cost of all service, repair or correction.. Some jurisdictions
do not allow the exclusion or limitation of liability for incidental
or consequential damages, so the above limitation may not apply
to Customer to the extent prohibited by such local laws.
WARRANTY: HP warrants only that the
Software media will be free of physical defects for a period of
ninety (90) days from delivery.
EXCLUSIVE REMEDY: The entire liability
of HP and its suppliers and Customer's exclusive remedy for Software
that does not conform to this Limited Warranty shall be the repair
or replacement of the defective media. This warranty and remedy
are subject to Customer's return of the defective media during the
warranty period to HP in the country in which Customer obtained
the Software.
Attention Notice
DISCLAIMER: TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS
PROVIDED TO CUSTOMER "AS IS" WITHOUT WARRANTIES OR CONDITIONS
OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL
CONTENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY CUSTOMER.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HP OR HP'S AUTHORIZED
REPRESENTATIVES SHALL CREATE A WARRANTY OR AMEND THIS "AS IS"
WARRANTY. Some jurisdictions do not allow exclusions
of implied warranties or conditions, so the above exclusion may
not apply to Customers to the extent prohibited by such local laws.
Customer may have other rights that vary from country to country,
state to state, or province to province.
NOTE: EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY
TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO,
THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE
SOFTWARE TO CUSTOMER; PROVIDED, HOWEVER, THAT THE CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED
AND SHALL NOT GOVERN OR APPLY TO THE SOFTWARE PROVIDED IN CONNECTION
WITH THIS WARRANTY STATEMENT.
GOVERNMENT: If the Software is licensed
for use in the performance of a US government prime contract or
subcontract, Customer agrees that, consistent with FAR 12.211 and
12.212, commercial computer software, computer software documentation
and technical data for commercial items are licensed under vendor's
standard commercial license.
GENERAL TERMS
ASSIGNABILITY: Customer may not assign
any rights or obligations hereunder without prior written consent
from HP.
EXPORT: Customer who exports, re-exports
or imports HP licensed Products, technology or technical data purchased
hereunder, assumes responsibility for complying with applicable
laws and regulations and for obtaining required export and import
authorizations. HP may suspend performance if Customer is in violation
of any applicable laws or regulations.
SEVERABILITY: If any term or provision
herein is determined to be illegal or unenforceable, the validity
or enforceability of the remainder of the terms or provisions herein
will remain in full force and effect.
INTEGRATION/PRECEDENCE: These HP Software
License Terms supersede any previous communications, representations
or agreements between the parties, whether oral or written, regarding
transactions hereunder. Customer's additional or different terms
and conditions will not apply. These HP Software License Terms may
not be changed except by an amendment signed by an authorized representative
of each party.
Your click of the "I Accept" button is a symbol of your
signature that you accept the terms of this Agreement
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