HP OpenVMS Systems

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.

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.

1. DEFINITIONS
   1. "Software" means the identified software programs and any accompanying instructions, documentation, technical data, images, recordings, and other related materials.
   2. "Use" means storing, loading, installing, executing, or displaying the Software on a device.
   3. "Products" means hardware, Software, documentation, accessories, supplies, parts and upgrades that are determined by HP to be available from HP upon receipt of Customer's order.
   4. "Software License" means the Software license grant and general license terms set forth herein. Each Software License has a corresponding License Fee.
   5. "License Fee" means the fee or fees designated by HP for Use of Software designated on this website at the time this Agreement is entered into. Different License Fees may apply to particular Software if more than one Software License is available for that Software.
2. LICENSE GRANT
   1. This software is either provided to Customer free of charge, or provided to Customer for an evaluation period. If the Software is licensed for concurrent or network use, you may not allow more than the maximum number of authorized users to access and use the software concurrently.
   2. All Software Licenses will be perpetual unless this software is provided for evaluation purposes, in which case the duration of this license is for the evaluation period only, unless terminated or transferred in accordance with Section 3. g).
   3. HP, or its designee(s), shall, during regular business hours at Customer's offices and in such a manner that does not interfere with Customer's normal business activities, have the right to inspect and audit, or have an inspection and audit, of the number of copies of Software Used or distributed by Customer, the computers on which the Software, if any, is installed and the number of users Using any such Software. If any audit discloses underpayments of five percent (5%) or more of the amount of License Fees Customer should have actually paid to HP, Customer shall bear all of the costs of the audit. HP's audit rights shall not terminate or expire until three (3) years after termination or expiration of this Agreement.
3. GENERAL LICENSE TERMS
   1. 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 are intended beneficiaries under this Agreement and may protect their rights in the Software directly against the Customer in the event of any infringement.
   2. Customer must reproduce all copyright notices and other proprietary legends in or on the original Software on all permitted copies or adaptations. You may not remove from the Software, or alter, any of the HP trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software. Customer may not copy the Software onto any public or distributed network.
   3. This license does not entitle you to receive upgrades, updates or technical support. Such services may be purchased separately under HP Support agreements. HP reserves the right to require additional licenses and fees for Use of the Software on a different computer or device, or on the class or series of equipment.
   4. Customer will not modify, disassemble, decompile or otherwise attempt to access or determine the source code 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.
   5. HP may terminate Customer's or any transferee's 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. Customer shall remove, destroy or return to HP all 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. With HP's prior written consent, one copy of the Software may be retained subsequent to termination for archival purposes.
   6. In the following provision regarding Software Licenses to the U.S. Government, the term "Customer" means HP's direct purchaser, any entity or individual sublicencing the Software, and the end-user.
      1. If Software is licensed for use in the performance of a U.S government prime contract or subcontract, Customer agrees that Software has been developed entirely at private expense. Customer agrees that Software, and any derivatives or modifications, is adequately marked when the Restricted Rights Legend below is affixed to the Software or to its storage media and is perceptible directly or with the aid of a machine or device. Customer agrees to conspicuously put the following legend on the Software media with Customer's name and address added below the notice:
         
         RESTRICTED RIGHTS LEGEND

         Use, duplication or disclosure is subject to HP standard commercial license terms and for non-DOD Departments and Agencies of the U.S. Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)(Jun 1987).

         Hewlett-Packard Company
         3000 Hanover Street
         Palo Alto, CA 94304

         U.S.A.Copyright (c) 2009 Hewlett-Packard Company.
         All Rights Reserved

      2. Customer further agrees that Software is delivered and licensed as "Commercial computer software" as defined in DFARS 252.227-7014(Jun 1995) or as a "commercial item" as defined in FAR 2.101(a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. The Customer agrees that it has only those rights provided for such Software by the applicable FAR or DFARS clause or the HP standard software agreement for the product involved.
4. GENERAL
   1. Customer may not assign or transfer this Agreement or any rights or obligations hereunder without prior written consent of HP. Any such attempted assignment or transfer will be null and void. HP may terminate this Agreement in the event of any such attempted assignment or transfer.
   2. Export Requirements. You may not export or re-export this software or any copy or adaptation in violation of any applicable laws or regulations. Without limiting the generality of the foregoing, hardware, software, technology or services provided under this license agreement may not be exported, reexported, transferred or downloaded to or within (or to a national resident of) countries under U.S. economic embargo including the following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria. This list is subject to change.
      
      Hardware, software, technology or services may not be exported, reexported, transferred or downloaded to persons or entities listed on the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern or on any U.S. Treasury Department Designated Nationals exclusion list, or to parties directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CFR 744).
      By accepting this license agreement you confirm that you are not located in (or a national resident of) any country under U.S. economic embargo, not identified on any U.S. Department of Commerce Denied Persons List, Entity List or Treasury Department Designated Nationals exclusion list, and not directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations.
   3. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed
   4. 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. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such right or provision with respect to any subsequent breach. Provisions herein which by their nature extend beyond the termination of any license of Software will remain in effect until fulfilled.
   5. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes 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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Last updated: May 2009