key: hp-enterprise-eula
short_name: HP Enterprise EULA
name: HP Enterprise EULA
category: Proprietary Free
owner: HP - Hewlett Packard
homepage_url: http://h20564.www2.hpe.com/hpsc/swd/public/license?sp4ts.oid=&eulaType=passive
spdx_license_key: LicenseRef-scancode-hp-enterprise-eula
other_urls:
  - http://h20564.www2.hpe.com/hpsc/swd/public/detail?swItemId=MTX_973decf09d114d81b4c97603df
ignorable_copyrights:
  - Copyright 2015 Hewlett Packard Enterprise Development LP
ignorable_holders:
  - Hewlett Packard Enterprise Development LP
ignorable_urls:
  - http://www.hpe.com/software/SWLicensing
text: "Hewlett Packard Enterprise Support Center\n\nHPE End User License Agreement\n\nApplicability.\
  \ 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 Enterprise\
  \ Company and its subsidiaries (\"HPE\"). By downloading, copying, or using the software you\
  \ agree to this Agreement. HPE provides translations of this Agreement in certain languages\
  \ other than English, which may be found at: http://www.hpe.com/software/SWLicensing.\n\n\
  Terms. This Agreement includes supporting material accompanying the software or referenced\
  \ by HPE, 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.hpe.com/software/SWLicensing.\n\
  \nAuthorization. If you agree to this Agreement on behalf of another person or entity, you\
  \ warrant you have authority to do so.\n\nConsumer Rights. If you obtained software as a consumer,\
  \ nothing in this Agreement affects your statutory rights.\n\nElectronic Delivery. HPE may\
  \ elect to deliver software and related software product or license information by electronic\
  \ transmission or download.\n\nLicense Grant. If you abide by this Agreement, HPE 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. \n\nYour\
  \ use is subject to the following restrictions, unless specifically allowed in Supporting\
  \ Material:\nYou may not use software to provide services to third parties.\nYou may not make\
  \ copies and distribute, resell or sublicense software to third parties.\nYou 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 HPE reserves the right to make such updates only available to customers\
  \ with support contracts.\nYou may not copy software or make it available on a public or external\
  \ distributed network.\nYou may not allow access on an intranet unless it is restricted to\
  \ authorized users.\nYou may make one copy of the software for archival purposes or when it\
  \ is an essential step in authorized use.\nYou 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 HPE in writing about such modifications.\n\nRemote\
  \ Monitoring. Some software may require keys or other technical protection measures and HPE\
  \ may monitor your compliance with the Agreement, remotely or otherwise. If HPE 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.\n\nOwnership. No transfer\
  \ of ownership of any intellectual property will occur under this Agreement.\n\nCopyright\
  \ Notices. You must reproduce copyright notices on software and documentation for authorized\
  \ copies.\n\nOperating Systems. Operating system software may only be used on approved hardware\
  \ and configurations.\n\n90-day Limited Warranty for HPE Software.\nHPE-branded software materially\
  \ conforms to its specifications, if any, and is free of malware at the time of delivery;\
  \ if you notify HPE within 90 days of delivery of non-conformance to this warranty, HPE will\
  \ replace your copy. This Agreement states all remedies for warranty claims.\nHPE 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 HPE in Supporting\
  \ Material. To the extent permitted by law, HPE disclaims all other warranties.\n\nIntellectual\
  \ Property Rights Infringement. HPE will defend and/or settle any claims against you that\
  \ allege that HPE-branded software as supplied under this Agreement infringes the intellectual\
  \ property rights of a third party. HPE will rely on your prompt notification of the claim\
  \ and cooperation with our defense. HPE 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. HPE is not responsible for claims resulting from any unauthorized\
  \ use of the software.\n\nLimitation of Liability. HPE's liability to you under this Agreement\
  \ is limited to the amount actually paid by you to HPE for the relevant software, except for\
  \ amounts in Section 12 (\"Intellectual Property Rights Infringement\"). Neither you nor HPE\
  \ 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.\n\nTermination. 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 HPE. 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.\n\nGeneral.\nAssignment. You may not assign this Agreement\
  \ without prior written consent of HPE, payment of transfer fees and compliance with HPE'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.\n\nU.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 HPE's standard\
  \ commercial license.\n\nGlobal 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.\
  \ HPE may suspend its performance under this Agreement to the extent required by laws applicable\
  \ to either party.\n\nAudit. HPE may audit you for compliance with the software license terms.\
  \ Upon reasonable notice, HPE may conduct an audit during normal business hours (with the\
  \ auditor's costs being at HPE's expense). If an audit reveals underpayments then you will\
  \ pay to HPE such underpayments. If underpayments discovered exceed five (5) percent, you\
  \ will reimburse HPE for the auditor costs.\n\nOpen 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\
  \ HPE written notice, HPE will send you a copy of the source code for a reasonable fee.\n\n\
  Notices. Written notices under this Agreement may be provided to HPE via the method provided\
  \ in the Supporting Material.\n\nGoverning 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 HPE agree that the United Nations Convention on Contracts for the International Sale\
  \ of Goods will not apply.\n\nForce Majeure. Neither party will be liable for performance\
  \ delays nor for non-performance due to causes beyond its reasonable control, except for payment\
  \ obligations.\n\nEntire 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 HPE doesn't exercise its rights under this Agreement, such delay\
  \ is not a waiver of its rights.\n\nAustralian 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.hpe.com/software/SWLicensing.\n\nRussian Consumers. If you\
  \ are based in the Russian Federation and the rights to use the software are provided to you\
  \ under a separate license and/or sublicense agreement concluded between you and a duly authorized\
  \ HPE partner, then this Agreement shall not be applicable.\n\n5012-3777 v1.5, 2016    \n\
  Copyright 2015 Hewlett Packard Enterprise Development LP"