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1
2
3 PROLIANT ESSENTIALS SOFTWARE
4
5 END USER LICENSE AGREEMENT
6
7 PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS
8 AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR SINGLE
9 ENTITY) ("YOU") AND HEWLETT-PACKARD COMPANY ("HP"). BY CLICKING THE "AGREE"
10 BUTTON BELOW, COPYING, INSTALLING, OR OTHERWISE USING THE SOFTWARE,
11 (i) YOU DO SO WITH THE INTENT TO ELECTRONICALLY "EXECUTE" THIS AGREEMENT, AND
12 (ii) YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND
13 CONDITIONS, INCLUDING THE WARRANTY STATEMENT, AS WELL AS ANY TERMS AND
14 CONDITIONS CONTAINED IN THE "ANCILLARY SOFTWARE" LIST.
15
16 IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
17 (A) IF THIS AGREEMENT IS DISPLAYED ELECTRONICALLY, YOU MAY INDICATE REJECTION
18 OF THIS AGREEMENT BY CLICKING THE "DISAGREE" BUTTON;
19 (B) YOU SHALL NOT INSTALL THE SOFTWARE; AND
20 (C) HP DOES NOT GRANT YOU ANY RIGHTS TO USE THE SOFTWARE.
21 NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE SOFTWARE
22 INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
23 IF YOU PURCHASED THE SOFTWARE, YOU MAY RETURN THE SOFTWARE TO THE PLACE OF
24 PURCHASE FOR A FULL REFUND.
25
26 THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING
27 THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE"). USE OF THE HP SOFTWARE, THE
28 ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE "ONLINE" OR
29 ELECTRONIC DOCUMENTATION (COLLECTIVELY THE "PRODUCT") IS CONDITIONED UPON AND
30 LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY
31 STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE
32 AGREEMENTS ("ANCILLARY SOFTWARE LICENSES").
33
34 USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE,
35 EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
36 PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL
37 ALSO APPLY TO SUCH ANCILLARY SOFTWARE. HP HAS IDENTIFIED ANCILLARY SOFTWARE
38 BY EITHER NOTING THE ANCILLARY SOFTWARE PROVIDER"S OWNERSHIP WITHIN EACH
39 ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY PROVIDING LICENSING INFORMATION IN
40 THE "ANCILLARY SOFTWARE" LIST. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS
41 AGREEMENT, YOU ARE ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY
42 SOFTWARE LICENSE IN THE ANCILLARY SOFTWARE LIST.
43
44 IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL
45 PUBLIC LICENSE ("GPL SOFTWARE"), YOU MAY OBTAIN A COMPLETE MACHINE-READABLE
46 COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A
47 SITE SPECIFIED IN THE FOLLOWING HP WEBSITE:
48 HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML.
49 UPON YOUR WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF
50 DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL,
51 TO YOU. INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE
52 MAY BE FOUND AT THE FOLLOWING WEBSITE:
53 HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML .
54
55
56 LICENSE TERMS
57
58 SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY RIGHTS,
59 LIMITATIONS AND OBLIGATIONS SET FORTH IN THE ANCILLARY SOFTWARE LICENSES:
60
61 1. LICENSE GRANT
62
63 a. IF SOFTWARE DOES NOT REQUIRE AN ACTIVATION KEY. If the Software does
64 not require an Activation Key and provided that You comply with all the terms
65 and conditions of this Agreement, HP grants You a non-exclusive,
66 non-transferable (except as provided in Section 16), worldwide (except for the
67 countries referenced in Section 12) license under HP's copyrights, to install,
68 copy on as many computers as you need for your business, use, execute, make
69 archival or backup copies, and display ("Use") the object code version of the
70 Product on the computer(s) on which this Product is installed and in the
71 operating environment as identified by HP in the accompanying materials.
72
73 b. IF SOFTWARE REQUIRES AN ACTIVATION KEY. If the Software requires an
74 Activation Key, and provided that You comply with all terms and conditions of
75 this Agreement, then depending upon the specific hardware configuration You
76 employ, HP grants You the following license ("License Type") and rights:
77
78 Authorized Copies. You are licensed to install, make Authorized Copies
79 of (as defined in this section), execute, and display ("Use") the object code
80 version of the Product on an equivalent number of Computers, Host/Client Pairs,
81 Computer Nodes, or Clustered Computers (as defined in the table below) as you
82 have Authorized Copies. Authorized Copies is defined as the number of copies
83 that you have paid for as stated in the invoice or comparable document
84 evidencing an authorized quantity.
85
86 LICENSE TYPE SOFTWARE INSTALLS TO: LICENSED RIGHTS
87 (hardware configuration)
88 ------------------------------------------------------------------------------
89 Computer A computer You have a right to install
90 and Use the Product on a single
91 computer. The installed copy
92 may not be transferred to or
93 used on any other computer.
94
95 ------------------------------------------------------------------------------
96 Node/Client A set of computers with a You have a right to install and
97 minimum of one host and one Use the Product on a Host/Client
98 client connected to each Pair or a Single Node. Copies
99 other ("Host/Client Pair"), of the Product installed on a
100 or in certain instances, a Host/Client Pair or Single Node
101 single computer may not be transferred to any
102 ("Single Node") other host or client computers
103 or other single nodes. You can
104 continue to Use the Product on
105 licensed clients when a new
106 server is introduced to the
107 licensed clients.
108
109 ------------------------------------------------------------------------------
110 Cluster More than two computers You have a right to install and
111 physically connected together Use the Product on each
112 in a cluster configuration Clustered Computer. The
113 (each of which is referred to installed copy may not be
114 as "Clustered Computer") transferred to or used on any
115 other computer.
116
117
118 Storage. You may copy the Product into the local memory or storage
119 device of the hardware configuration loaded with the Authorized Copies. You may
120 copy the Product onto a reasonable number of network servers or a secure
121 intranet for the sole purpose of distributing the Product to the Computers,
122 Host/Client Pairs, Computer Nodes, or Clustered Computers. You may make
123 archival or back-up copies of the Product. You shall keep the activation key
124 with the hardware configuration to which the activation key is licensed. You
125 should keep copies of the activation key information for future retrieval
126 purposes.
127
128 2. NEW RELEASES. "New Release" means a release of the Product that may
129 contain fixes, corrections, or minor improvements to the Product. New Releases
130 are distributed from time to time solely at the option of HP. If HP offers a
131 New Release, it may come with its own terms and conditions, however if it does
132 not, You may use the New Release only under the terms and conditions of this
133 Agreement.
134 3. NEW VERSIONS. "New Version" means a version of the Product that may
135 contain significant changes, enhancements, and/or functional improvements to
136 the Product. New Versions are distributed solely at the option of HP. If HP
137 offers a New Version, it may come with its own terms and conditions, however
138 if it does not, You may use the New Version only under the terms and conditions
139 of this Agreement.
140 4. OWNERSHIP. The Product is owned and copyrighted by Hewlett-Packard
141 Development Company, L.P., HP's intellectual property management company, and
142 by third party suppliers, except for the Ancillary Software, which is owned and
143 copyrighted by the Ancillary Software providers indicated in the ANCILLARY
144 SOFTWARE list. Your right to Use the Product confers no title or ownership and
145 is not a sale of the Product or any part thereof. Third party suppliers and
146 Ancillary Software providers are intended beneficiaries under this Agreement
147 and may protect their rights in their respective portions of the Product
148 directly against You.
149 5. TRANSFER. Without the prior written consent of HP, or unless
150 specifically permitted in the Ancillary Software License, You have no right
151 (a) to rent, lease, lend, or otherwise transfer the rights to the Product to
152 anyone else; (b) to Use the Product for commercial timesharing or bureau use;
153 or (c) to copy the Product onto any public or distributed network.
154 6. COPYRIGHT. United States copyright laws, other countries' copyright
155 laws, and international treaty provisions protect the Product. You shall not
156 remove any product identification, copyright notices, or proprietary notices
157 from the Product.
158 7. SUPPORT. Support terms and conditions and contact information are
159 detailed in the Worldwide Limited Warranty and Technical Support for Industry
160 Standard Server Products statement ("Support Statement"), a copy of which is
161 available on the HP web site at www.hp.com. Subject to the terms of the
162 Support Statement, for HP software products installed on HP computers,
163 technical support for questions regarding media and Product installation may
164 be available for a ninety (90) day period from the date of purchase of the HP
165 computer on which this Product is installed ("Support Term"). To access this
166 support in North America, call the HP Technical Support Phone Center at
167 1-800-652-6672. This service is available during normal business hours,
168 Monday through Friday, during the Support Term. Outside North America, call
169 the nearest HP Technical Support Center. No other support, including
170 without limitation any on-site support, is provided under this Agreement.
171 8. LIMITATION ON REVERSE ENGINEERING. Reverse engineering of Ancillary
172 Software shall be governed by its respective Ancillary Software License. As
173 for the remainder of the Product, You shall not modify, disassemble, reverse
174 engineer, decompile, decrypt, or otherwise attempt to access or determine the
175 source code of the Product without HP's prior written consent. Where You have
176 other statutory rights with regard to software, You shall provide HP with
177 reasonably detailed information regarding any intended disassembly or
178 decompilation of the Product prior to performing such disassembly or
179 decompilation. You shall not decrypt the Product unless necessary for the
180 licensed Use of the Product.
181 9. RESERVATION OF RIGHTS. HP, its third party suppliers, and Ancillary
182 Software providers reserve all rights not expressly granted to You in this
183 Agreement.
184 10. TERM AND TERMINATION. You may exercise the rights of this Agreement
185 and of the Ancillary Software Licenses for a period of time starting at Your
186 acceptance of the terms and conditions of this Agreement and for so long as
187 You meet such terms and conditions ("Term"). Notwithstanding the foregoing,
188 HP may terminate Your right to Use the Product, upon notice, for Your failure
189 to comply with any such term or condition. Immediately upon termination, You
190 shall remove, destroy, or return to HP all copies of the Product, including
191 those copies of the Product that are merged into Your adaptations, except for
192 individual pieces of data in Your database. With HP's prior written consent,
193 one copy of the Product may be retained, for archival purposes only, subsequent
194 to termination. You may terminate this Agreement at any time by returning or
195 destroying the Product together with merged portions in any form.
196 11. CONFIDENTIAL COMPUTER SOFTWARE. Valid license from HP required for
197 possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial
198 Computer Software, Computer Software Documentation, and Technical Data for
199 Commercial Items are licensed to the U.S. Government under vendor's standard
200 commercial license.
201 12. COMPLIANCE WITH LAW. The Product and any associated hardware,
202 software, technology or services may not be exported, reexported, transferred
203 or downloaded to persons or entities listed on the U.S. Department of Commerce
204 Denied Persons List, Entity List of proliferation concern, or on any U.S.
205 Treasury Department Designated Nationals exclusion list, any country under
206 U.S. economic embargo, or to parties directly or indirectly involved in the
207 development or production of nuclear, chemical, biological weapons or in
208 missile technology programs as specified in the U.S. Export Administration
209 Regulations (15 CFR 744). By accepting this Agreement You confirm that You
210 are not (i) located in (or a national resident of) any country under U.S.
211 economic embargo, (ii) identified on any U.S. Department of Commerce Denied
212 Persons List, Entity List or Treasury Department Designated Nationals exclusion
213 list, and (iii) directly or indirectly involved in the development or
214 production of nuclear, chemical, biological weapons or in missile technology
215 programs as specified in the U.S. Export Administration Regulations.
216 13. APPLICABLE LAW. This Agreement shall be construed in accordance with
217 the laws of the State of Texas, without regard to conflict of laws principles.
218 The United Nations Convention on Contracts for the International Sale of Goods
219 is specifically disclaimed. If the Product was acquired outside the United
220 States, then local law may apply.
221 14. SEVERABILITY. If any term or provision of this Agreement is determined
222 to be illegal or unenforceable, the validity or enforceability of the remainder
223 of the terms or provisions herein will remain valid and in full force and
224 effect. Failure or delay in enforcing any right or provision of this Agreement
225 shall not be deemed a waiver of such right or provision with respect to any
226 subsequent breach. Provisions herein, which by their nature extend beyond the
227 termination of the license in the Product, will remain in effect until
228 fulfilled.
229 15. CONSENT TO USE OF DATA. You agree that HP may collect and use technical
230 information that You provide in connection with Your Use and request for
231 technical support of the Product from HP, however, HP will not use this
232 information in a form that personally identifies You.
233 16. ASSIGNMENT. You may not assign, sublicense or transfer this Agreement,
234 the Product, or any rights or obligations hereunder without the prior written
235 consent of HP. Any such attempted assignment, sublicense, or transfer will be
236 null and void, and in such event, HP may terminate this Agreement immediately.
237 Notwithstanding the foregoing, You may assign this Agreement and the rights
238 granted hereunder with the transfer of all or substantially all of Your
239 business. The right to assign or transfer Ancillary Software is governed by
240 the terms and conditions of the Ancillary Software Licenses.
241 17. ENTIRE AGREEMENT. This Agreement, including all Ancillary Software
242 Licenses in the ANCILLARY SOFTWARE list, is the final, complete and exclusive
243 agreement between You and HP relating to the Product, and supersedes any
244 previous communications, representations, or agreements between the parties,
245 whether oral or written, regarding the subject matter hereof. Any additional
246 or different terms and conditions not expressly set forth herein will not
247 apply. This Agreement may not be changed except by an amendment signed by an
248 authorized representative of both You and HP. To the extent the terms of any
249 HP policies or programs for support services conflict with the terms of this
250 Agreement, the terms of this Agreement shall control.
251 18. WARRANTY
252
253 a. NO ACTIVATION KEY REQUIRED SOFTWARE - AS-IS WARRANTY STATEMENT:
254
255 DISCLAIMER. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS PRODUCT AND
256 SUPPORT SERVICES, IF ANY, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF
257 ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY
258 DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION,
259 WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE,
260 ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY
261 OR COMPLETENESS OF RESPONSES, RESULTS, OR WORKMANLIKE EFFORT, LACK OF VIRUSES,
262 AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF
263 OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, WITHOUT LIMITATION,
264 THERE IS NO WARRANTY OF QUIET ENJOYMENT, QUIET POSSESSION AND CORRESPONDENCE
265 TO DESCRIPTION WITH REGARD TO THE PRODUCT. YOU ASSUME THE ENTIRE RISK AS TO
266 THE RESULTS AND PERFORMANCE OF THE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR
267 ADVICE GIVEN BY HP, HP"S AUTHORIZED REPRESENTATIVES, OR ANY OTHER PARTY SHALL
268 CREATE A WARRANTY OR AMEND THIS "AS IS" WARRANTY. Some jurisdictions do not
269 allow exclusions of implied warranties or conditions, so the above exclusion
270 may not apply to You to the extent prohibited by such local laws. You may have
271 other rights that vary from country to country, state to state, or province to
272 province.
273
274 b. ACTIVATION KEY REQUIRED SOFTWARE - LIMITED WARRANTY.
275
276 HP warrants that the Product will perform substantially in accordance with the
277 accompanying materials for a period of ninety (90) days from the date of
278 purchase. If an implied warranty or condition is created by Your
279 state/jurisdiction and federal or state/provincial law prohibits disclaimer of
280 it, You also have an implied warranty or condition, BUT ONLY AS TO DEFECTS FOR
281 WHICH CLAIMS ARE MADE WITHIN NINETY (90) DAYS FROM THE DATE OF PURCHASE. AS TO
282 ANY DEFECTS DISCOVERED FOR WHICH A CLAIM IS NOT MADE WITHIN THE NINETY-DAY
283 PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
284 Some states/jurisdictions do not allow limitations on how long an implied
285 warranty or condition lasts, so the above limitation may not apply to You.
286
287 DISCLAIMER. The Limited Warranty that appears above is the only
288 express warranty made to You and is provided in lieu of any other express
289 warranties or implied warrantees (if any) created by any documentation,
290 packaging or otherwise. EXCEPT FOR THE LIMITED WARRANTY, AND TO THE MAXIMUM
291 EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE PRODUCT
292 AND SUPPORT SERVICES (IF ANY) "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM
293 ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,
294 INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR
295 CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE,
296 SATISFACTORY QUALITY, NON-INFRINGEMENT OF TITLE, OF ACCURACY OR COMPLETENESS
297 OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF
298 LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISIONS OF OR
299 FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION
300 OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION,
301 OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
302
303 19. LIMITATION OF LIABILITY.
304
305 a. FOR ALL SOFTWARE WHETHER OR NOT AN ACTIVATION KEY IS REQUIRED
306
307 EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL HP OR ITS
308 SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS
309 BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
310 OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING
311 OUT OF THE USE, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT,
312 WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER
313 OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCT IS NOT
314 DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION,
315 MAINTENANCE, OR OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR
316 AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES,
317 OR WEAPONS SYSTEMS (COLLECTIVELY "HIGH RISK APPLICATIONS"). YOU ARE SOLELY
318 LIABLE IF THE PRODUCT IS USED FOR HIGH RISK APPLICATIONS, AND YOU SHALL
319 INDEMNIFY, DEFEND AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR
320 LIABILITY IN CONNECTION WITH SUCH USE. YOU ASSUME THE ENTIRE RISK AS TO YOUR
321 USE OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
322 LIMITATION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
323 LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY SUCH LOCAL LAWS.
324
325 b. FOR SOFTWARE REQUIRING AN ACTIVATION KEY
326
327 Notwithstanding any damages that You might incur for any reason whatsoever
328 (including, without limitation, all damages referenced above and all direct
329 or general damages), the entire liability of HP and any of its suppliers under
330 any provision of this EULA and Your exclusive remedy for all of the foregoing
331 (except for any remedy of repair or replacement if elected by HP with respect
332 to any breach of the Limited Warranty) shall be limited to the greater of the
333 amount actually paid by You for the Product or U.S. $5.00. The foregoing
334 limitations, exclusions and disclaimers (including Warranty above) shall apply
335 to the maximum extent permitted by applicable law, even if any remedy fails of
336 its essential purpose.
337
338 REV08/51/03 End User License Agreement

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