1.
Applicability.
This end user license agreement (the "Agreement") governs the use of
accompanying software, unless it is subject to a separate agreement between you
and Hewlett-Packard Company and its subsidiaries ("HP"). By
downloading, copying, or using the software you agree to this Agreement. HP
provides translations of this Agreement in certain languages other than
English, which may be found at: http://www.hp.com/go/SWLicensing.
2. Terms. This Agreement includes supporting material
accompanying the software or referenced by HP, which may be software license
information, additional license authorizations, software specifications, published
warranties, supplier terms, open source software licenses and similar content ("Supporting
Material"). Additional license authorizations are at: http://www.hp.com/go/SWLicensing.
3. Authorization. If you agree to this Agreement on behalf of another
person or entity, you warrant you have authority to do so.
4. Consumer
Rights. If you obtained software as a
consumer, nothing in this Agreement affects your statutory rights.
5. Electronic
Delivery. HP may elect to deliver
software and related software product or license information by electronic
transmission or download.
6. License
Grant. If you abide by this
Agreement, HP grants you a non-exclusive non-transferable
license to use one copy of the version or release of the accompanying software
for your internal purposes only, and is subject to any specific software
licensing information that is in the software product or its Supporting
Material.
Your use is
subject to the following restrictions,
unless specifically allowed in Supporting Material:
- You may not use software to provide services to third
parties.
- You may not make copies and distribute, resell or
sublicense software to third parties.
- You may not download and use patches, enhancements,
bug fixes, or similar updates unless you have a license to the underlying
software. However, such license doesn't automatically give you a right to
receive such updates and HP reserves the right to make such updates only
available to customers with support contracts.
- You may not copy software or make it available on a
public or external distributed network.
- You may not allow access on an intranet unless it is
restricted to authorized users.
- You may make one copy of the software for archival
purposes or when it is an essential step in authorized use.
- You may not modify, reverse engineer, disassemble,
decrypt, decompile or make derivative works of software. If you have a mandatory
right to do so under statute, you must inform HP in writing about such
modifications.
7. Remote Monitoring. Some software may require keys or other technical protection measures and HP may monitor your compliance with the Agreement, remotely or otherwise. If HP makes a license management program for recording and reporting license usage information, you will use such program no later than 180 days from the date it's made available.
8. Ownership. No transfer of ownership of any intellectual property
will occur under this Agreement.
9. Copyright
Notices. You must reproduce copyright
notices on software and documentation for authorized copies.
10. Operating
Systems. Operating system software
may only be used on approved hardware and configurations.
11. 90-day Limited
Warranty for HP Software.
- HP-branded software materially conforms to its
specifications, if any, and is free of malware at the time of delivery; if you
notify HP within 90 days of delivery of non-conformance to this warranty, HP
will replace your copy. This Agreement states all remedies for warranty claims.
- HP does not warrant that the operation of software
will be uninterrupted or error free, or that software
will operate in hardware and software combinations other than as authorized by
HP in Supporting Material. To the extent permitted by law, HP disclaims all
other warranties.
12. Intellectual
Property Rights Infringement. HP will
defend and/or settle any claims against you that allege that HP-branded
software as supplied under this Agreement infringes the intellectual property
rights of a third party. HP will rely on your prompt notification of the claim
and cooperation with our defense. HP may modify the software so as to be
non-infringing and materially equivalent, or we may procure a license. If these
options are not available, we will refund to you the amount paid for the
affected product in the first year or the depreciated value thereafter. HP is
not responsible for claims resulting from any unauthorized use of the software.
13. Limitation
of Liability. HP's liability to you under
this Agreement is limited to the amount actually paid by you to HP for the
relevant software, except for amounts in Section 12 ("Intellectual
Property Rights Infringement"). Neither you nor HP will be liable for lost
revenues or profits, downtime costs, loss or damage to data or indirect,
special or consequential costs or damages. This provision does not limit either
party's liability for: unauthorized use of intellectual property, death or
bodily injury caused by their negligence; acts of fraud; willful repudiation of
the Agreement; or any liability that may not be excluded or limited by
applicable law.
14. Termination. This Agreement is effective until terminated or in
the case of a limited-term license, upon expiration; however, your rights under
this Agreement terminate if you fail to comply with it. Immediately upon
termination or expiration, you will destroy the software and documentation and
any copies, or return them to HP. You may keep one copy of software and documentation
for archival purposes. We may ask you to certify in writing you have complied
with this section. Warranty disclaimers, the limitation of liability, this
section on termination, and Section 15 ("General") will survive
termination.
15. General.
a.
Assignment. You may not assign this Agreement without prior
written consent of HP, payment of transfer fees and compliance with HP's
software license transfer policies. Authorized assignments will terminate your
license to the software and you must deliver software and documentation and
copies thereof to the assignee. The assignee will agree in writing to this
Agreement. You may only transfer firmware if you transfer associated hardware.
b.
U.S.
Government. If the software is
licensed to you for use in the performance of a U.S. Government prime contract
or subcontract, you agree that, consistent with FAR 12.211 and 12.212,
commercial computer software, computer software documentation and technical
data for commercial items are licensed under HP's standard commercial license.
c.
Global Trade
Compliance. You agree to comply with
the trade-related laws and regulations of the U.S. and other national
governments. If you export, import or otherwise transfer products provided
under this Agreement, you will be responsible for obtaining any required export
or import authorizations. You confirm that you are not located in a country
that is subject to trade control sanctions (currently Cuba, Iran, N. Korea, N.
Sudan, and Syria) and further agree that you will not retransfer the products
to any such country. HP may suspend its performance under this Agreement to the
extent required by laws applicable to either party.
d.
Audit. HP may audit you for compliance with
the software license terms. Upon reasonable notice, HP may conduct an audit
during normal business hours (with the auditor's costs being at HP's expense).
If an audit reveals underpayments then you will pay to HP such underpayments. If
underpayments discovered exceed five (5) percent, you will reimburse HP for the
auditor costs.
e.
Open Source
Components. To the extent the
Supporting Material includes open source licenses, such licenses shall control
over this Agreement with respect to the particular open source component. To
the extent Supporting Material includes the GNU General Public License or the
GNU Lesser General Public License: (a) the software includes a copy of the
source code; or (b) if you downloaded the software from a website, a copy of
the source code is available on the same website; or (c) if you send HP written
notice, HP will send you a copy of the source code for a reasonable fee.
f.
Notices. Written notices under this Agreement may be provided
to HP via the method provided in the Supporting Material or if none, via "contact
HP" site on www.hp.com.
g.
Governing Law. This Agreement will be governed by the laws of the
state of California, U.S.A., excluding rules as to choice and conflict of law. You
and HP agree that the United Nations Convention on Contracts for the
International Sale of Goods will not apply.
h.
Force Majeure.
Neither party will be liable for performance delays nor
for non-performance due to causes beyond its reasonable control, except for payment obligations.
i.
Entire Agreement. This Agreement represents our entire
understanding with respect to its subject matter and supersedes any previous
communication or agreements that may exist. Modifications to the Agreement will
be made only through a written amendment signed by both parties. If HP doesn't
exercise its rights under this Agreement, such delay is not a waiver of its
rights.
16. Australian Consumers. If you acquired the software as a consumer within the meaning of the 'Australian
Consumer Law' under the Australian Competition and Consumer Act 2010 (Cth) then despite any other provision of this Agreement,
the terms at this URL apply: http://www.hp.com/go/SWLicensing.