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notices and license terms
free or evaluation software only
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.
- DEFINITIONS
- "Software" means the identified
software programs and any accompanying
instructions, documentation, technical
data, images, recordings, and other
related materials.
- "Use" means storing, loading,
installing, executing, or displaying
the Software on a device.
- "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.
- "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 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.
- LICENSE GRANT
- HP hereby grants Customer a
non-exclusive, worldwide license
to Use the object code version
of the Software on one computer
or device at any one time.
- This software is provided to
Customer free of charge. 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.
- All Software Licenses will be
perpetual, unless terminated or
transferred in accordance with
Section 3 (e).
- 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.
- GENERAL LICENSE TERMS
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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) 2005 Hewlett-Packard
Company.
All Rights Reserved
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- 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.
- GENERAL
- 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.
- 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.
- 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
- 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.
- 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.
"AS IS" WARRANTY
STATEMENT
DISCLAIMER. TO THE EXTENT
ALLOWED BY LOCAL LAW, THIS SOFTWARE IS
PROVIDED TO YOU "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 RESULLTS AND
PERFORMANCE OF THE SOFTWARE IS ASSUMED
BY YOU. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY HP OR HP'S AUTHORIZED
REPRESENTATIVES SHALL CREATE A WARRANTY. Some
jurisdictions do not allow exclusions
of implied warranties or conditions,
so the above exclusion may not apply
to you to the extent prohibited by such
local laws. You may have other rights
that vary from country to country, state
to state, or province to province.
LIMITATION OF LIABILITY. 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. Your use of
the Software is entirely at your own
risk. Should the Software prove defective,
you assume 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 you to the extent prohibited
by such local laws.
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 YOU; 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.
Your clicking of the option button labeled "Yes, I have read and accepted
the license terms" is a symbol of your signature that you accept the
terms of this Agreement.
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