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

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