key: hp-software-eula short_name: HP Software EULA name: HP Software EULA category: Proprietary Free owner: HP - Hewlett Packard homepage_url: http://h20000.www2.hp.com/bizsupport/TechSupport/softwareLicense.jsp?lang=en&cc=us&prodSeriesId=3219717&prodTypeId=0 spdx_license_key: LicenseRef-scancode-hp-software-eula text_urls: - http://h20000.www2.hp.com/bizsupport/TechSupport/softwareLicense.jsp?lang=en&cc=us&prodSeriesId=3219717&prodTypeId=0 ignorable_urls: - http://www.hp.com/ text: "Hewlett-Packard software license agreement\n\nEND USER LICENSE AGREEMENT\nPLEASE READ\ \ CAREFULLY: THE USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW (\"\ AGREEMENT\"), UNLESS THE SOFTWARE IS SUBJECT TO A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND\ \ HP OR ITS SUPPLIERS. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE,\ \ OR BY CHOOSING THE \"I ACCEPT\" OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT\ \ MAY BE DISPLAYED, YOU AGREE TO THE TERMS OF THIS AGREEMENT, ANY APPLICABLE WARRANTY STATEMENT\ \ AND THE TERMS AND CONDITIONS CONTAINED IN THE \"ANCILLARY SOFTWARE\" (as defined below).\ \ IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL\ \ ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY,\ \ OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL,\ \ COPY, ACCESS, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE WITH PROOF OF PURCHASE\ \ TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY.\ \ IF YOU DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.\n\nQUANTITY\ \ OF DEVICES: \n\n1. GENERAL TERMS\n\na. You and Your refer either to an individual\ \ person or to a single legal entity.\nb. HP means Hewlett-Packard Company or one of its\ \ subsidiaries.\nc. HP Branded means Software products bearing a trademark or service\ \ mark of Hewlett-Packard Company or any Hewlett-Packard Company Affiliate, and embedded HP\ \ selected third party Software that is not offered under a third party license agreement.\n\ d. Software means machine-readable instructions and data (and copies thereof) including\ \ middleware and related updates and upgrades You may be separately authorized to receive,\ \ licensed materials, user documentation, user manuals, and operating procedures. \"Ancillary\ \ Software\" means all or any portion of Software provided under public, open source, or third\ \ party license terms.\ne. Specification means technical information about Software products\ \ published in HP product manuals, user documentation, and technical data sheets in effect\ \ on the date HP delivers Software products to You.\nf. Transaction Document(s) means\ \ an accepted customer order (excluding pre-printed terms) and in relation to that order,\ \ valid HP quotations, license to use certificates or invoices.\n \n2. LICENSE TERMS AND\ \ RESTRICTIONS\n\na. Subject to the terms and conditions of this Agreement and the payment\ \ of any applicable license fee, HP grants You a non-exclusive, non-transferable license to\ \ Use (as defined below) in object code form one copy of the Software on one device at a time\ \ for Your internal business purposes, unless otherwise indicated above or in applicable Transaction\ \ Document(s). \"Use\" means to install, store, load, execute and display the Software in\ \ accordance with the Specifications. Your Use of the Software is subject to these license\ \ terms and to the other restrictions specified by HP in any other tangible or electronic\ \ documentation delivered or otherwise made available to You with or at the time of purchase\ \ of the Software, including license terms, warranty statements, Specifications, and \"readme\"\ \ or other informational files included in the Software itself. Such restrictions are hereby\ \ incorporated in this Agreement by reference. Some Software may require license keys or\ \ contain other technical protection measures. You acknowledge that HP may monitor your compliance\ \ with Use restrictions remotely or otherwise. If HP makes a license management program available\ \ which records and reports license usage information, You agree to appropriately install,\ \ configure and execute such license management program beginning no later than one hundred\ \ and eighty (180) days from the date it is made available to You and continuing for the period\ \ that the Software is Used.\nb. This Agreement 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 independently may protect their rights in the Software in the event of\ \ any infringement. All rights not expressly granted to You are reserved solely to HP or\ \ its suppliers. Nothing herein should be construed as granting You, by implication, estoppel\ \ or otherwise, a license relating to Software other than as expressly stated above in this\ \ section 2.\nc. Unless otherwise permitted by HP, You (a) may only make copies or adaptations\ \ of the Software for archival purposes or when copying or adaptation is an essential step\ \ in the authorized Use of the Software on a backup device, provided that copies and adaptations\ \ are used in no other manner and provided further that the Use on the backup device is discontinued\ \ when the original or replacement device becomes operable, and (b) may not copy the Software\ \ onto or otherwise Use or make it available on, to, or through any public or external distributed\ \ network.\nd. To Use Software identified as an update or upgrade, You must first be licensed\ \ for the original Software identified by HP as eligible for the update or upgrade. If the\ \ update or upgrade is intended to substantially replace the original Software, after updating\ \ or upgrading, You may no longer Use the original Software that formed the basis for Your\ \ update or upgrade eligibility unless otherwise provided by HP in writing. Nothing in this\ \ Agreement grants You any right to purchase or receive Software updates, upgrades, or support,\ \ and HP is under no obligation to make such support available to you. Updates, upgrades,\ \ enhancements, or other Support may only be available under separate HP support agreements.\ \ You may contact HP to learn more about any support offerings HP may make available. HP\ \ reserves the right to require additional licenses and fees for Software upgrades or other\ \ enhancements, or for Use of the Software on upgraded devices.\ne. You must reproduce\ \ all copyright notices that appear in or on the Software (including documentation) on all\ \ permitted copies or adaptations. Copies of documentation are limited to internal use.\n\ f. Notwithstanding anything to the contrary herein, if the Transaction Document(s) identifies\ \ that the Software may be utilized on another Designated System(s) (as defined below), Your\ \ license to Use the Software may be transferred to another Designated System(s). A \"Designated\ \ System\" means a computer system owned, controlled, or operated by or solely on behalf of\ \ You and may be further identified by HP by the combination of a unique number and a specific\ \ system type. Such license will terminate in the event of a change in either the system\ \ number or system type, an unauthorized relocation, or if the Designated System ceases to\ \ be within Your possession or control.\ng. Operating system Software may only be Used\ \ when operating the associated hardware in configurations as approved, sold, or subsequently\ \ upgraded by HP or an HP authorized reseller.\nh. Software is not specifically designed,\ \ manufactured, or intended for use as parts, components, or assemblies for the planning,\ \ construction, maintenance, or direct operation of a nuclear facility. You are solely liable\ \ if Software is Used for these applications and will indemnify and hold HP harmless from\ \ all loss, damage, expense, or liability in connection with such Use.\ni You will not\ \ modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the\ \ Software. Where You have other rights mandated under statute, You will provide HP with reasonably\ \ detailed information regarding any intended modifications, reverse engineering, disassembly,\ \ decryption, or decompilation and the purposes therefore.\nj. Extending the Use of Software\ \ to any person or entity other than You as a function of providing services, (i.e.; making\ \ the Software available through a commercial timesharing or service bureau) must be authorized\ \ in writing by HP prior to such Use and may require additional licenses and fees. You may\ \ not distribute, resell, or sublicense the Software.\nk. Notwithstanding anything in\ \ this Agreement to the contrary, all or any portion of the Software which constitutes Ancillary\ \ Software is licensed to You subject to the terms and conditions of the Software license\ \ agreement accompanying such Ancillary Software, whether in the form of a separate agreement,\ \ shrink wrap license or electronic license terms accepted at time of download. Use of the\ \ Ancillary Software by You shall be governed entirely by the terms and conditions of such\ \ license and, with respect to HP, by the limitations and disclaimers of sections 3 and 5\ \ hereof. HP has identified any Ancillary Software by either noting the Ancillary Software\ \ provider's ownership within each Ancillary Software program file and/or by providing information\ \ in the \"ancillary.txt\" or \"readme\" file that is provided as part of the installation\ \ of the Software. The Ancillary Software licenses are also set forth in the \"ancillary.txt\"\ \ or \"readme\" file. By accepting the terms and conditions of this Agreement, You are also\ \ accepting the terms and conditions of each Ancillary Software license in the ancillary.txt\ \ or \"readme\" file. If the Software includes Ancillary Software licensed under the GNU\ \ General Public License and/or under the GNU Lesser General Pubic License (\"GPL Software\"\ ), a complete machine-readable copy of the GPL Software Source Code (\"GPL Source Code\")\ \ is either: (i) included with the Software that is delivered to You; or (ii) upon your written\ \ request, HP will provide to You, for a fee covering the cost of distribution, a complete\ \ machine-readable copy of the GPL Source Code, by mail, or (iii) if You obtained the Software\ \ by downloading it from a HP website and neither of the preceding options are available,\ \ you may download the GPL Source Code from the same website. Information about how to make\ \ a written request for GPL Source Code may be found in the ancillary.txt file or, if an address\ \ is not listed in that file, at the following website: www.hp.com.\n \n3. WARRANTY\n\n\ (i) IF SOFTWARE IS PROVIDED WITHOUT A LICENSE FEE, THE FOLLOWING AS-IS WARRANTY STATEMENT\ \ APPLIES TO THE SOFTWARE:\n\nDISCLAIMER OF WARRANTIES:\nTO THE MAXIMUM EXTENT PERMITTED BY\ \ APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE \"AS IS\" AND WITH ALL FAULTS,\ \ AND HEREBY DISCLAIM ALL INDEMNITIES, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED,\ \ WHETHER BY STATUE, COMMON LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES\ \ OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY,\ \ OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES. HP does not warrant that the\ \ operation of Software will be uninterrupted or error free or that the Software will meet\ \ Your requirements. Some states/jurisdictions do not allow exclusion of implied warranties\ \ or limitations on the duration of implied warranties, so the above disclaimer may not apply\ \ to You in its entirety. \n\n(ii) IF SOFTWARE IS PROVIDED FOR A LICENSE FEE, THE FOLLOWING\t\ LIMITED WARRANTY APPLIES TO THE SOFTWARE:\n\na. HP Branded Software will materially conform\ \ to its Specifications. If a warranty period is not specified for HP Branded Software, the\ \ warranty period will be ninety (90) days from the delivery date, or the date of installation\ \ if installed by HP. If You schedule or delay installation by HP more than thirty (30) days\ \ after delivery, the warranty period begins on the 31st day after delivery. This limited\ \ warranty is subject to the terms, limitations, and exclusions contained in the limited warranty\ \ statement provide for Software in the country where the Software is located when the warranty\ \ claim is made.\nb. HP warrants that any physical media containing HP Branded Software\ \ will be shipped free of viruses.\nc. 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 expressly required by HP in the Specifications or that Software\ \ will meet requirements specified by You.\nd. HP is not obligated to provide warranty\ \ services or support for any claims resulting from:\n1. improper site preparation, or site\ \ or environmental conditions that do not conform to HP’s site specifications;\n2. Your\ \ non-compliance with Specifications;\n3. improper or inadequate maintenance or calibration;\n\ 4. Your or third-party media, software, interfacing, supplies, or other products;\n5. \ \ modifications not performed or authorized by HP;\n6. virus, infection, worm or similar\ \ malicious code not introduced by HP; or\n7. abuse, negligence, accident, loss or damage\ \ in transit, fire or water damage, electrical disturbances, transportation by You, or other\ \ causes beyond HP’s control.\ne. HP provides third-party products, software, and services\ \ that are not HP Branded \"AS IS\" without warranties of any kind, although the original\ \ manufacturers or third party suppliers of such products, software and services may provide\ \ their own warranties.\nf. If notified of a valid warranty claim during the warranty\ \ period, HP will, at its option, correct the warranty defect for HP Branded Software, or\ \ replace such Software. If HP is unable, within a reasonable time, to complete the correction,\ \ or replace such Software, You will be entitled to a refund of the purchase price paid upon\ \ prompt return of such Software to HP. You will pay expenses for return of such Software\ \ to HP. HP will pay expenses for shipment of repaired or replacement Software to You. This\ \ section 3.(ii) f states HP's entire liability for warranty claims.\ng. DISCLAIMER OF\ \ WARRANTIES\nTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY WARRANTED\ \ IN SECTION 3.(ii) a and b ABOVE, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE \"AS IS\" AND\ \ WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS,\ \ IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT,\ \ ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR\ \ PURPOSE, AND OF LACK OF VIRUSES. Some states/jurisdictions do not allow exclusion of implied\ \ warranties or limitations on the duration of implied warranties, so the above disclaimer\ \ may not apply to You in its entirety.\n\n4. INTELLECTUAL PROPERTY INFRINGEMENT FOR\ \ SOFTWARE PROVIDED FOR A LICENSE FEE: \n\na. In the event Software was provided to You\ \ for a License Fee, HP will defend or settle any claim against You alleging that HP Branded\ \ Software products provided under this Agreement infringes intellectual property rights in\ \ the country where they were sold, if You:\n1. promptly notify HP of the claim in writing;\n\ 2. cooperate with HP in the defense of the claim; and\n3. grant HP sole control of the\ \ defense or settlement of the claim.\nHP will pay infringement claim defense costs, HP–negotiated\ \ settlement amounts, and court-awarded damages.\nb. If such a claim appears likely, then\ \ HP may modify the HP Branded Software products, procure any necessary license, or replace\ \ the affected item with one that is at least functionally equivalent. If HP determines that\ \ none of these alternatives is reasonably available, then HP will issue You a refund equal\ \ to the purchase price paid for the affected item if within one year of delivery, or Your\ \ net book value thereafter.\nc. HP has no obligation for any claim of infringement arising\ \ from:\n1. HP’s compliance with Your or third party designs, specifications, instructions,\ \ or technical information;\n2. modifications made by You or a third party;\n3. Your non-compliance\ \ with the Specifications or the documentation described in section 2. a above; or\n4. Your\ \ use with products, software, or services that are not HP Branded.\nd. This section 4\ \ states HP's entire liability for claims of intellectual property infringement for Software\ \ provided for a license fee.\n\n5. LIMITATION OF LIABILITY AND REMEDIES\n\nNotwithstanding\ \ any damages that You might incur, and except for damages for bodily injury (including death)\ \ and for the amounts in section 4.a, the entire aggregate liability of HP and any of its\ \ suppliers relating to the Software or this Agreement, and Your exclusive remedy for all\ \ of the foregoing, shall be limited to the greater of the amount actually paid by You separately\ \ for the Software or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO\ \ EVENT SHALL HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL\ \ DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES,\ \ BUSINESS INTERRUPTION, DOWNTIME COSTS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS, DISCLOSURE,\ \ UNAVAILABILITY OF OR DAMAGE TO DATA, SOFTWARE RESTORATION, OR LOSS OF PRIVACY ARISING OUT\ \ OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE IN\ \ CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED\ \ OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.\ \ Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential\ \ damages, so the above limitation or exclusion may not apply to you. \n\n6. TERMINATION\n\ This Agreement is effective unless terminated or rejected. Notwithstanding the foregoing,\ \ this Agreement will also terminate upon conditions set forth elsewhere in this Agreement\ \ or if You fail to comply with any term or condition hereof. Immediately upon termination\ \ You will destroy the Software and all copies of the Software or return them to HP. You\ \ may retain one copy of the Software subsequent to termination solely for archival purposes\ \ only. At HP’s request, You will certify in writing to HP that You have complied with these\ \ requirements. Sections 3.(i), 3.(ii) g, 5, 6 and 7 of this Agreement will survive termination\ \ of this Agreement.\n\n7. GENERAL\na. You may not assign, sublicense, delegate or\ \ otherwise transfer (\"Assign\") all or any part of this Agreement without prior written\ \ consent from HP, payment to HP of any applicable fees, and compliance with HP's Software\ \ license transfer policies and any applicable third party license terms. Any such attempted\ \ Assignment will be null and void. Where an authorized Assignment occurs in accordance with\ \ this section, Your rights under this Agreement will terminate, and You will immediately\ \ deliver the Software and all copies to the Assignee. The Assignee must agree in writing\ \ to the terms of this Agreement, and the transferee thereafter will be considered \"You\"\ \ for purposes of this Agreement. You may transfer firmware only upon transfer of the associated\ \ hardware.\nb. If the Software is licensed 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.\nc. To the extent You export, re-export,\ \ or import Software, technology, or technical data licensed or provided hereunder, You assume\ \ sole responsibility for complying with applicable laws and regulations and for obtaining\ \ required export and import authorizations. HP may suspend performance if You are in violation\ \ of any applicable laws or regulations.\nd. You agree that HP may audit Your compliance\ \ with this Agreement. Any such audit would be at HP’s expense, require reasonable notice,\ \ and would be performed during normal business hours. If an audit reveals underpayments\ \ then You will immediately pay HP such underpayments together with the costs reasonably incurred\ \ by HP in connection with the audit and seeking compliance with this section.\ne. This\ \ Agreement is 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 to this Agreement.\nf. Subject to\ \ the other terms and conditions of this Agreement, this Agreement is the entire agreement\ \ between HP and You regarding Your Use of the Software, and supersedes and replaces any previous\ \ communications, representations, or agreements, or Your additional or inconsistent terms,\ \ whether oral or written. In the event any provision of this Agreement is held invalid or\ \ unenforceable the remainder of the Agreement will remain enforceable and unaffected thereby.\n\ g. HP’s failure to exercise or delay in exercising any of its rights under this Agreement\ \ will not constitute or be deemed a waiver or forfeiture of those rights."