hpscEula_cisco1_hpe.pl Cisco License Agreement

End User License Agreement

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING CISCO OR CISCO-SUPPLIED SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

CISCO IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, 'CUSTOMER') TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN CISCO IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM CISCO OR AN AUTHORIZED CISCO RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL END USER PURCHASER.

The following terms of this End User License Agreement ('Agreement') govern Customer's access and use of the Software, except to the extent (a) there is a separate signed agreement between Customer and Cisco governing Customer's use of the Software or (b) the Software includes a separate 'click-accept' license agreement as part of the installation and/or download process. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the signed agreement, (2) the click-accept agreement, and (3) this End User License Agreement.

License. Conditioned upon compliance with the terms and conditions of this Agreement, Cisco Systems, Inc. or its subsidiary licensing the Software instead of Cisco Systems, Inc. ('Cisco'), grants to Customer a nonexclusive and nontransferable license to use for Customer's internal business purposes the Software and the Documentation for which Customer has paid the required license fees. 'Documentation' means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the Software and made available by Cisco with the Software in any manner (including on CD-Rom, or on-line).

Customer's license to use the Software shall be limited to, and Customer shall not use the Software in excess of, a single hardware chassis or card or that number of agent(s), concurrent users, sessions, IP addresses, port(s), seat(s), server(s) or site(s), as set forth in the applicable Purchase Order which has been accepted by Cisco and for which Customer has paid to Cisco the required license fee.

Unless otherwise expressly provided in the Documentation, Customer shall use the Software solely as embedded in, for execution on, or (where the applicable documentation permits installation on non-Cisco equipment)for communication with Cisco equipment owned or leased by Customer and used for Customer's internal business purposes. NOTE: For evaluation or beta copies for which Cisco does not charge a license fee, the above requirement to pay license fees does not apply.

General Limitations. This is a license, not a transfer of title, to the Software and Documentation, and Cisco retains ownership of all copies of the Software and Documentation. Customer acknowledges that the Software and Documentation contain trade secrets of Cisco, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, Customer shall have no right, and Customer specifically agrees not to:

(i) transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized or secondhand Cisco equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void;
(ii) make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same;
(iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction;
(iv) use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Cisco; or
(v) disclose, provide, or otherwise make available trade secrets contained within the Software and Documentation in any form to any third party without the prior written consent of Cisco. Customer shall implement reasonable security measures to protect such trade secrets.

To the extent required by law, and at Customer's written request, Cisco shall provide Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of Cisco's applicable fee, if any. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which Cisco makes such information available.

Software, Upgrades and Additional Copies. For purposes of this Agreement, 'Software' shall include (and the terms and conditions of this Agreement shall apply to) computer programs, including firmware, as provided to Customer by Cisco or an authorized Cisco reseller, and any upgrades, updates, bug fixes or modified versions thereto (collectively, 'Upgrades') or backup copies of the Software licensed or provided to Customer by Cisco or an authorized Cisco reseller. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1)CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES; (2) USE OF UPGRADES IS LIMITED TO CISCO EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.

Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of Cisco.

Term and Termination. This Agreement and the license granted herein shall remain effective until terminated. Customer may terminate this Agreement and the license at any time by destroying all copies of Software and any Documentation. Customer's rights under this Agreement will terminate immediately without notice from Cisco if Customer fails to comply with any provision of this Agreement. Upon termination, Customer shall destroy all copies of Software and Documentation in its possession or control. All confidentiality obligations of Customer and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement. In addition, the provisions of the sections titled 'U.S. Government End User Purchasers' and 'General Terms Applicable to the Limited Warranty Statement and End User License' shall survive termination of this Agreement.

Customer Records. Customer grants to Cisco and its independent accountants the right to examine Customer's books, records and accounts during Customer's normal business hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with this Agreement, Customer shall promptly pay to Cisco the appropriate license fees, plus the reasonable cost of conducting the audit.

Export. Software and Documentation, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software and Documentation.

U.S.Government End User Purchasers. The Software and Documentation qualify as 'commercial items', as that term is defined at Federal Acquisition Regulation ('FAR') (48 C.F.R.) 2.101, consisting of 'commercial computer software' and 'commercial computer software documentation' as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this End User License Agreement may be incorporated, Customer may provide to Government end user or, if this Agreement is direct, Government end user will acquire, the Software and Documentation with only those rights set forth in this End User License Agreement. Use of either the Software or Documentation or both constitutes agreement by the Government that the Software and Documentation are 'commercial computer software' and 'commercial computer software documentation,' and constitutes acceptance of the rights and restrictions herein.

Limited Warranty Subject to the limitations and conditions set forth herein, Cisco warrants that commencing from the date of shipment to Customer (but in case of resale by an authorized Cisco reseller, commencing not more than ninety (90) days after original shipment by Cisco), and continuing for a period of the longer of (a) ninety (90) days or (b) the software warranty period (if any) set forth in the warranty card accompanying the product of which the Software is a part (the 'Product') (if any): (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (b) the Software substantially conforms to the Documentation. The date of shipment of a Product by Cisco is set forth on the packaging material in which the Product is shipped. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of Cisco and its suppliers and licensors under this limited warranty will be (i) replacement of defective media and/or (ii) at Cisco's option, repair, replacement, or refund of the purchase price of the Software, in both cases subject to the condition that any error or defect constituting a breach of this limited warranty is reported to Cisco or the party supplying the Software to Customer, if different than Cisco, within the warranty period. Cisco or the party supplying the Software to Customer may, at its option, require return of the Software as a condition to the remedy. In no event does Cisco warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Cisco does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

Restrictions. This warranty does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by Cisco or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Cisco, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed, for beta, evaluation, testing or demonstration purposes for which Cisco does not charge a purchase price or license fee.

DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITIONOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT,OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

General Terms Applicable to the Limited Warranty Statement and End User License.

Disclaimer of Liabilities. REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF CISCO OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Cisco's or its suppliers' or licensors' liability to Customer, whether in contract, tort (including negligence), breach of warranty, or otherwise, exceed the price paid by Customer for the Software that gave rise to the claim or if the Software is part of another Product, the price paid for such other Product. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Software or any other product or service delivered by Cisco. Customer acknowledges and agrees that Cisco has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

The Warranty and the End User License shall be governed by and construed in accordance with the laws of the State of California, without reference to or application of choice of law rules or principles. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. Except as expressly provided herein, this Agreement constitutes the entire agreement between the parties with respect to the license of the Software and Documentation and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. This Agreement has been written in the English language, and the parties agree that the English version will govern.

HP Export Requirements

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, re-exported, transferred or downloaded to or within (or to a national resident of) countries under U.S. economic embargo including the following countries: Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria. This list is subject to change. Hardware, software, technology or services may not be exported, exported, 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."

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cisco1.pl.hpe
hpscEula_cisco1_hpi.pl Cisco License Agreement

End User License Agreement

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING CISCO OR CISCO-SUPPLIED SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

CISCO IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, 'CUSTOMER') TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN CISCO IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM CISCO OR AN AUTHORIZED CISCO RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL END USER PURCHASER.

The following terms of this End User License Agreement ('Agreement') govern Customer's access and use of the Software, except to the extent (a) there is a separate signed agreement between Customer and Cisco governing Customer's use of the Software or (b) the Software includes a separate 'click-accept' license agreement as part of the installation and/or download process. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the signed agreement, (2) the click-accept agreement, and (3) this End User License Agreement.

License. Conditioned upon compliance with the terms and conditions of this Agreement, Cisco Systems, Inc. or its subsidiary licensing the Software instead of Cisco Systems, Inc. ('Cisco'), grants to Customer a nonexclusive and nontransferable license to use for Customer's internal business purposes the Software and the Documentation for which Customer has paid the required license fees. 'Documentation' means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the Software and made available by Cisco with the Software in any manner (including on CD-Rom, or on-line).

Customer's license to use the Software shall be limited to, and Customer shall not use the Software in excess of, a single hardware chassis or card or that number of agent(s), concurrent users, sessions, IP addresses, port(s), seat(s), server(s) or site(s), as set forth in the applicable Purchase Order which has been accepted by Cisco and for which Customer has paid to Cisco the required license fee.

Unless otherwise expressly provided in the Documentation, Customer shall use the Software solely as embedded in, for execution on, or (where the applicable documentation permits installation on non-Cisco equipment)for communication with Cisco equipment owned or leased by Customer and used for Customer's internal business purposes. NOTE: For evaluation or beta copies for which Cisco does not charge a license fee, the above requirement to pay license fees does not apply.

General Limitations. This is a license, not a transfer of title, to the Software and Documentation, and Cisco retains ownership of all copies of the Software and Documentation. Customer acknowledges that the Software and Documentation contain trade secrets of Cisco, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, Customer shall have no right, and Customer specifically agrees not to:

(i) transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized or secondhand Cisco equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void;
(ii) make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same;
(iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction;
(iv) use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Cisco; or
(v) disclose, provide, or otherwise make available trade secrets contained within the Software and Documentation in any form to any third party without the prior written consent of Cisco. Customer shall implement reasonable security measures to protect such trade secrets.

To the extent required by law, and at Customer's written request, Cisco shall provide Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of Cisco's applicable fee, if any. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which Cisco makes such information available.

Software, Upgrades and Additional Copies. For purposes of this Agreement, 'Software' shall include (and the terms and conditions of this Agreement shall apply to) computer programs, including firmware, as provided to Customer by Cisco or an authorized Cisco reseller, and any upgrades, updates, bug fixes or modified versions thereto (collectively, 'Upgrades') or backup copies of the Software licensed or provided to Customer by Cisco or an authorized Cisco reseller. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1)CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES; (2) USE OF UPGRADES IS LIMITED TO CISCO EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.

Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of Cisco.

Term and Termination. This Agreement and the license granted herein shall remain effective until terminated. Customer may terminate this Agreement and the license at any time by destroying all copies of Software and any Documentation. Customer's rights under this Agreement will terminate immediately without notice from Cisco if Customer fails to comply with any provision of this Agreement. Upon termination, Customer shall destroy all copies of Software and Documentation in its possession or control. All confidentiality obligations of Customer and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement. In addition, the provisions of the sections titled 'U.S. Government End User Purchasers' and 'General Terms Applicable to the Limited Warranty Statement and End User License' shall survive termination of this Agreement.

Customer Records. Customer grants to Cisco and its independent accountants the right to examine Customer's books, records and accounts during Customer's normal business hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with this Agreement, Customer shall promptly pay to Cisco the appropriate license fees, plus the reasonable cost of conducting the audit.

Export. Software and Documentation, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software and Documentation.

U.S.Government End User Purchasers. The Software and Documentation qualify as 'commercial items', as that term is defined at Federal Acquisition Regulation ('FAR') (48 C.F.R.) 2.101, consisting of 'commercial computer software' and 'commercial computer software documentation' as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this End User License Agreement may be incorporated, Customer may provide to Government end user or, if this Agreement is direct, Government end user will acquire, the Software and Documentation with only those rights set forth in this End User License Agreement. Use of either the Software or Documentation or both constitutes agreement by the Government that the Software and Documentation are 'commercial computer software' and 'commercial computer software documentation,' and constitutes acceptance of the rights and restrictions herein.

Limited Warranty Subject to the limitations and conditions set forth herein, Cisco warrants that commencing from the date of shipment to Customer (but in case of resale by an authorized Cisco reseller, commencing not more than ninety (90) days after original shipment by Cisco), and continuing for a period of the longer of (a) ninety (90) days or (b) the software warranty period (if any) set forth in the warranty card accompanying the product of which the Software is a part (the 'Product') (if any): (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (b) the Software substantially conforms to the Documentation. The date of shipment of a Product by Cisco is set forth on the packaging material in which the Product is shipped. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of Cisco and its suppliers and licensors under this limited warranty will be (i) replacement of defective media and/or (ii) at Cisco's option, repair, replacement, or refund of the purchase price of the Software, in both cases subject to the condition that any error or defect constituting a breach of this limited warranty is reported to Cisco or the party supplying the Software to Customer, if different than Cisco, within the warranty period. Cisco or the party supplying the Software to Customer may, at its option, require return of the Software as a condition to the remedy. In no event does Cisco warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Cisco does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.

Restrictions. This warranty does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by Cisco or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Cisco, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed, for beta, evaluation, testing or demonstration purposes for which Cisco does not charge a purchase price or license fee.

DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITIONOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT,OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.

General Terms Applicable to the Limited Warranty Statement and End User License.

Disclaimer of Liabilities. REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF CISCO OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Cisco's or its suppliers' or licensors' liability to Customer, whether in contract, tort (including negligence), breach of warranty, or otherwise, exceed the price paid by Customer for the Software that gave rise to the claim or if the Software is part of another Product, the price paid for such other Product. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Software or any other product or service delivered by Cisco. Customer acknowledges and agrees that Cisco has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

The Warranty and the End User License shall be governed by and construed in accordance with the laws of the State of California, without reference to or application of choice of law rules or principles. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. Except as expressly provided herein, this Agreement constitutes the entire agreement between the parties with respect to the license of the Software and Documentation and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. This Agreement has been written in the English language, and the parties agree that the English version will govern.

HP Export Requirements

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, re-exported, transferred or downloaded to or within (or to a national resident of) countries under U.S. economic embargo including the following countries: Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria. This list is subject to change. Hardware, software, technology or services may not be exported, exported, 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."

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cisco1.pl.hpi
hpscEula_hbaeula1204_hpe.pl Hewlett Packard Company License Agreement


IMPORTANT: READ CAREFULLY BEFORE USING THIS PRODUCT. USE OF THE SOFTWARE IS SUBJECT TO THE HEWLETT-PACKARD COMPANY (“HP”) SOFTWARE LICENSE TERMS SET FORTH BELOW. IF YOU CLICK “ACCEPT”, THE FOLLOWING TERMS SHALL APPLY. YOU ARE NOT AUTHORIZED TO USE LICENSED MATERIALS IN THE EVENT YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE.

QUANTITY of DEVICES: One (1)

DEFINITIONS

“Software” means one or more programs capable of operating on a controller, processor or other hardware Product (“Device”) and related documentation. Software is either a separate Product, included with another Product ("Bundled Software"), or fixed in a Device and not removable in normal operation (“Firmware”).
“Use” means storing, loading, installing, executing, or displaying Software on a Device.
“Products” means Software and documentation that are determined by HP to be available.
“Software License” means the Software license grant and general license terms set forth herein.
“License Fee” means the fee or fees, if any, designated by HP for Use of Software. Different License Fees may apply to particular Software if more than one Software License is available for that Software.


LICENSE GRANT

1. HP grants You a non-exclusive license to Use the object code version of the Software on the quantity of devices specified above at any one time and in conformance with:
a. The terms set forth herein; and
b. Use restrictions and authorizations for the Software specified by HP in its quotation, invoice or terms that accompany the Software; and
c. HP's third-party suppliers' terms that accompany the Software.

In the event of a conflict, the third-party suppliers’ terms that accompany the Software, if any, will take precedence over the Use restrictions and authorizations specified by HP and the terms set forth herein ONLY IN CONNECTION WITH THE CORRESPONDING THIRD PARTY SOFTWARE (SUCH CONFLICTING THIRD PARTY TERMS, IF ANY, SHALL NOT EXPAND HP’S DUTIES OR POTENTIAL LIABILITY UNDER THIS AGREEMENT); and the Use restrictions and authorizations specified by HP will take precedence over the terms set forth herein.

2. Unless otherwise specified, HP grants You a license to Use one (1) copy of the Software on one (1) Device at any one time.

3. Unless otherwise specified, all Software Licenses will be perpetual unless terminated in accordance with the terms of this agreement.

4. If You are an HP authorized reseller, You may sublicense the Software to an end-user for its Use or (if applicable) sublicense the Software to an HP authorized reseller for subsequent distribution to an end-user for its Use. These sublicenses must incorporate the terms of this Software License in a written sublicense agreement. If You are not an HP authorized reseller, You may not sublicense the Software unless otherwise agreed to by HP in writing.

5. THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE"). USE OF THE HP SOFTWARE, THE ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE "ONLINE" OR ELECTRONIC DOCUMENTATION ("PRODUCT") IS CONDITIONED UPON AND LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE AGREEMENTS ("ANCILLARY SOFTWARE LICENSES"). USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE, EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL ALSO APPLY TO SUCH ANCILLARY SOFTWARE. HP HAS IDENTIFIED 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" FILE. THE ANCILLARY SOFTWARE LICENSES, IF ANY, ARE ALSO SET FORTH IN THE "ANCILLARY.TXT" FILE. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE IS ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY SOFTWARE LICENSE IN THE ANCILLARY.TXT FILE.

IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL PUBLIC LICENSE ("GPL SOFTWARE"), LICENSEE MAY OBTAIN A COMPLETE MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: WWW.HP.COM. UPON LICENSEE'S WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL, TO LICENSEE. INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.HP.COM.


GENERAL LICENSE TERMS
Copyright: Software is owned and copyrighted by HP or by third-party suppliers. This Software License confers no title or ownership and is not a sale of any rights in the Software. Third-party suppliers may protect their rights in the Software in the event of any infringement.

Restrictions: You may not rent, lease, or otherwise transfer the Software except as expressly authorized in these terms. You may not make the Software available over the Internet or any other publicly accessible network or technology. You may not remove any copyright, trademark, or other proprietary notices from the Software or the media. Any and all copyrights must be reproduced.

Copying: You may not copy the Software except as expressly provided for herein. You may copy the Software into the local memory or storage device of the specified quantity of computers. You may not copy the Software onto a network server or onto a company or personal intranet. You may make archival or back-up copies of the Software.

termination: HP may terminate Your 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. Copies of the Software that are merged into adaptations, except for individual pieces of data in Your or sublicensee's database, will be removed and destroyed or returned to HP. With HP's written consent, one copy of the Software may be retained subsequent to termination for archival purposes.

Upgrades: Updates, upgrades or other enhancements are available under HP Support agreements. HP reserves the right to require additional licenses and fees for Use of the Software on upgraded Devices.

Modification/Decompiling: You will not modify, disassemble, reverse engineer, decompile or create derivative works of the Software without HP's prior written consent. Where You have other rights under statute, You will provide HP with reasonably detailed information regarding any intended disassembly or decompilation. You will not decrypt the Software unless necessary for legitimate Use of the Software.


Limitation of Liability

Attention Notice
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. the software is not specifically designed, manufactured or intended for use in the planning, construction, maintenance, or direct operation of a nuclear facility, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS. YOU ARE solely liable if the software is used for these applications. YOU will indemnify and hold HP harmless from all loss, damage, expense or liability in connection with such use. In any case, HP’s entire liability under any provision of this Software License and Express Limited Warranty shall be limited to the greater of the amount actually paid by You for the Software or U.S. .00. 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.

Attention Notice
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 RESULTS 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 OR AMEND THIS “AS IS” 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.

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.

Government: 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 vendor’s standard commercial license.


General Terms

Assignability: You may not assign any rights or obligations hereunder without prior written consent from HP.

EXPORT: If You export, re-export or import HP licensed Products, technology or technical data provided hereunder, You assume 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.

Severability: 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.

Integration/Precedence: These HP Software License Terms supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Your additional or different terms and conditions will not apply. These HP Software License Terms are subject to change without notice.

GOVERNING LAW. The validity of any of the terms of this license agreement, as well as the rights, duties and obligations of the parties under this license agreement, will be governed by the laws of the State of California, USA, without reference to any conflict of laws or choice of law principles in the State of California that might result in the application of the law of another jurisdiction.


© 2004 Hewlett-Packard Development Company, L.P

]]>
hbaeula1204.pl.hpe
hpscEula_hbaeula1204_hpi.pl Hewlett Packard Company License Agreement


IMPORTANT: READ CAREFULLY BEFORE USING THIS PRODUCT. USE OF THE SOFTWARE IS SUBJECT TO THE HEWLETT-PACKARD COMPANY (“HP”) SOFTWARE LICENSE TERMS SET FORTH BELOW. IF YOU CLICK “ACCEPT”, THE FOLLOWING TERMS SHALL APPLY. YOU ARE NOT AUTHORIZED TO USE LICENSED MATERIALS IN THE EVENT YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE.

QUANTITY of DEVICES: One (1)

DEFINITIONS

“Software” means one or more programs capable of operating on a controller, processor or other hardware Product (“Device”) and related documentation. Software is either a separate Product, included with another Product ("Bundled Software"), or fixed in a Device and not removable in normal operation (“Firmware”).
“Use” means storing, loading, installing, executing, or displaying Software on a Device.
“Products” means Software and documentation that are determined by HP to be available.
“Software License” means the Software license grant and general license terms set forth herein.
“License Fee” means the fee or fees, if any, designated by HP for Use of Software. Different License Fees may apply to particular Software if more than one Software License is available for that Software.


LICENSE GRANT

1. HP grants You a non-exclusive license to Use the object code version of the Software on the quantity of devices specified above at any one time and in conformance with:
a. The terms set forth herein; and
b. Use restrictions and authorizations for the Software specified by HP in its quotation, invoice or terms that accompany the Software; and
c. HP's third-party suppliers' terms that accompany the Software.

In the event of a conflict, the third-party suppliers’ terms that accompany the Software, if any, will take precedence over the Use restrictions and authorizations specified by HP and the terms set forth herein ONLY IN CONNECTION WITH THE CORRESPONDING THIRD PARTY SOFTWARE (SUCH CONFLICTING THIRD PARTY TERMS, IF ANY, SHALL NOT EXPAND HP’S DUTIES OR POTENTIAL LIABILITY UNDER THIS AGREEMENT); and the Use restrictions and authorizations specified by HP will take precedence over the terms set forth herein.

2. Unless otherwise specified, HP grants You a license to Use one (1) copy of the Software on one (1) Device at any one time.

3. Unless otherwise specified, all Software Licenses will be perpetual unless terminated in accordance with the terms of this agreement.

4. If You are an HP authorized reseller, You may sublicense the Software to an end-user for its Use or (if applicable) sublicense the Software to an HP authorized reseller for subsequent distribution to an end-user for its Use. These sublicenses must incorporate the terms of this Software License in a written sublicense agreement. If You are not an HP authorized reseller, You may not sublicense the Software unless otherwise agreed to by HP in writing.

5. THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE"). USE OF THE HP SOFTWARE, THE ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE "ONLINE" OR ELECTRONIC DOCUMENTATION ("PRODUCT") IS CONDITIONED UPON AND LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE AGREEMENTS ("ANCILLARY SOFTWARE LICENSES"). USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE, EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL ALSO APPLY TO SUCH ANCILLARY SOFTWARE. HP HAS IDENTIFIED 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" FILE. THE ANCILLARY SOFTWARE LICENSES, IF ANY, ARE ALSO SET FORTH IN THE "ANCILLARY.TXT" FILE. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE IS ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY SOFTWARE LICENSE IN THE ANCILLARY.TXT FILE.

IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL PUBLIC LICENSE ("GPL SOFTWARE"), LICENSEE MAY OBTAIN A COMPLETE MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: WWW.HP.COM. UPON LICENSEE'S WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL, TO LICENSEE. INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.HP.COM.


GENERAL LICENSE TERMS
Copyright: Software is owned and copyrighted by HP or by third-party suppliers. This Software License confers no title or ownership and is not a sale of any rights in the Software. Third-party suppliers may protect their rights in the Software in the event of any infringement.

Restrictions: You may not rent, lease, or otherwise transfer the Software except as expressly authorized in these terms. You may not make the Software available over the Internet or any other publicly accessible network or technology. You may not remove any copyright, trademark, or other proprietary notices from the Software or the media. Any and all copyrights must be reproduced.

Copying: You may not copy the Software except as expressly provided for herein. You may copy the Software into the local memory or storage device of the specified quantity of computers. You may not copy the Software onto a network server or onto a company or personal intranet. You may make archival or back-up copies of the Software.

termination: HP may terminate Your 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. Copies of the Software that are merged into adaptations, except for individual pieces of data in Your or sublicensee's database, will be removed and destroyed or returned to HP. With HP's written consent, one copy of the Software may be retained subsequent to termination for archival purposes.

Upgrades: Updates, upgrades or other enhancements are available under HP Support agreements. HP reserves the right to require additional licenses and fees for Use of the Software on upgraded Devices.

Modification/Decompiling: You will not modify, disassemble, reverse engineer, decompile or create derivative works of the Software without HP's prior written consent. Where You have other rights under statute, You will provide HP with reasonably detailed information regarding any intended disassembly or decompilation. You will not decrypt the Software unless necessary for legitimate Use of the Software.


Limitation of Liability

Attention Notice
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. the software is not specifically designed, manufactured or intended for use in the planning, construction, maintenance, or direct operation of a nuclear facility, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS. YOU ARE solely liable if the software is used for these applications. YOU will indemnify and hold HP harmless from all loss, damage, expense or liability in connection with such use. In any case, HP’s entire liability under any provision of this Software License and Express Limited Warranty shall be limited to the greater of the amount actually paid by You for the Software or U.S. .00. 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.

Attention Notice
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 RESULTS 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 OR AMEND THIS “AS IS” 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.

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.

Government: 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 vendor’s standard commercial license.


General Terms

Assignability: You may not assign any rights or obligations hereunder without prior written consent from HP.

EXPORT: If You export, re-export or import HP licensed Products, technology or technical data provided hereunder, You assume 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.

Severability: 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.

Integration/Precedence: These HP Software License Terms supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Your additional or different terms and conditions will not apply. These HP Software License Terms are subject to change without notice.

GOVERNING LAW. The validity of any of the terms of this license agreement, as well as the rights, duties and obligations of the parties under this license agreement, will be governed by the laws of the State of California, USA, without reference to any conflict of laws or choice of law principles in the State of California that might result in the application of the law of another jurisdiction.


© 2004 Hewlett-Packard Development Company, L.P

]]>
hbaeula1204.pl.hpi
hpscEula_wgbu-eula1_hpe.pl SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW. IF YOU AGREE TO THESE
TERMS, PLEASE CHOOSE THE "I ACCEPT" OPTION LOCATED ADJACENT TO THE SCREEN
WHERE THIS AGREEMENT IS DISPLAYED. IF YOU DO NOT AGREE TO THESE LICENSE
TERMS, PLEASE CHOOSE THE "I DO NOT ACCEPT" OPTION AND DO NOT DOWNLOAD
ANY SOFTWARE FROM THIS SITE. 

End User License Agreement
PLEASE READ CAREFULLY BEFORE USING THIS EQUIPMENT:  This End-User license
Agreement ("EULA") is a legal agreement between (a) you (either an individual
or a single entity) and (b) Hewlett-Packard Company ("HP") that governs your
use of any Software Product, installed on or made available by HP for use
with your HP product ("HP Product"), that is not otherwise subject to a
separate license agreement between you and HP or its suppliers.  Other
software may contain a EULA in its online documentation. The term "Software
Product" means computer software and may include associated media, printed
materials and "online" or electronic documentation.  An amendment or addendum
to this EULA may accompany the HP Product.


RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU
AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA.  BY INSTALLING, COPYING,
DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND
BY THE TERMS OF THIS EULA.  IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOUR
SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED PRODUCT (HARDWARE AND SOFTWARE)
WITHIN 14 DAYS FOR A REFUND SUBJECT TO THE REFUND POLICY OF YOUR PLACE OF
PURCHASE.

1. GRANT OF LICENSE.  HP grants you the following rights provided you comply
with all terms and conditions of this EULA:
a. Use.  You may use the Software Product on a single computer ("Your
Computer"). If the Software Product is provided to you via the internet and
was originally licensed for use on more than one computer, you may install
and use the Software Product only on those computers. You may not separate
component parts of the Software Product for use on more than one computer. 
You do not have the right to distribute the Software Product.  You may load
the Software Product into Your Computer's temporary memory (RAM) for purposes
of using the Software Product.
b. Storage.  You may copy the Software Product into the local memory or
storage device of the HP Product.
c. Copying.  You may make archival or back-up copies of the Software Product,
provided the copy contains all of the original Software Product's proprietary
notices and that it is used only for back-up purposes.
d. Reservation of Rights.  HP and its suppliers reserve all rights not
expressly granted to you in this EULA.
e. Freeware.  Notwithstanding the terms and conditions of this EULA, all
or any portion of the Software Product which constitutes non-proprietary HP
software or software provided under public license by third parties
("Freeware"), is licensed to you subject to the terms and conditions of the
software license agreement accompanying such Freeware whether in the form of
a discrete agreement, shrink wrap license or electronic license terms accepted
at time of download.  Use of the Freeware by you shall be governed entirely by
the terms and conditions of such license.
f. Recovery Solution.  Any software recovery solution provided with/for your
HP Product, whether in the form of a hard disk drive-based solution, an
external media-based recovery solution (e.g. floppy disk, CD or DVD) or an
equivalent solution delivered in any other form, may only be used for restoring
the hard disk of the HP Product with/for which the recovery solution was
originally purchased. The use of any Microsoft operating system software
contained in such recovery solution shall be governed by the Microsoft License
Agreement.
2. UPGRADES.  To use a Software Product identified as an upgrade, you must
first be licensed for the original Software Product identified by HP as eligible
for the upgrade.  After upgrading, you may no longer use the original Software
Product that formed the basis for your upgrade eligibility.
3. ADDITIONAL SOFTWARE.  This EULA applies to updates or supplements to the
original Software Product provided by HP unless HP provides other terms along
with the update or supplement. In case of a conflict between such terms, the
other terms will prevail.
4. TRANSFER.
a. Third Party.  The initial user of the Software Product may make a one-time
transfer of the Software Product to another end user.  Any transfer must include
all component parts, media, printed materials, this EULA, and if applicable,
the Certificate of Authenticity.  The transfer may not be an indirect transfer,
such as a consignment.  Prior to the transfer, the end user receiving the
transferred product must agree to all the EULA terms.  Upon transfer of the
Software Product, your license is automatically terminated.
b. Restrictions.  You may not rent, lease or lend the Software Product or use
the Software Product for commercial timesharing or bureau use.  You may not
sublicense, assign or transfer the license or Software Product except as
expressly provided in this EULA.
5. PROPRIETARY RIGHTS.  All intellectual property rights in the Software
Product and user documentation are owned by HP or its suppliers and are
protected by law, including but not limited to United States copyright,
trade secret, and trademark law, as well as other applicable laws and
international treaty provisions. You shall not remove any product
identification, copyright notices or proprietary restrictions from the
Software Product.
6. LIMITATION ON REVERSE ENGINEERING.  You may not reverse engineer, decompile,
or disassemble the Software Product, except and only to the extent that the right
to do so is mandated under applicable law notwithstanding this limitation or it
is expressly provided for in this EULA.
7. TERM. This EULA is effective unless terminated or rejected. This EULA will
also terminate upon conditions set forth elsewhere in this EULA or if you fail
to comply with any term or condition of this EULA.
8. CONSENT TO USE OF DATA.  You agree that HP and its affiliates may collect
and use technical information you provide in relation to support services
related to the Software Product.  HP agrees not to use this information in a
form that personally identifies you except to the extent necessary to provide
such services.
9. DISCLAIMER OF WARRANTIES.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "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
ALL WITH REGARD TO THE SOFTWARE PRODUCT.  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.
10. LIMITATION OF LIABILITY.  Notwithstanding any damages that you might incur,
the entire liability of HP and any of its suppliers under any provision of this
EULA 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 Product
or U.S. .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 CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED
TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN
CONNECTION WITH ANY PROVISION OF THIS EULA, 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. 
11. U.S. GOVERNMENT CUSTOMERS.  Consistent with FAR 12.211 and 12.212,
Commercial Computer Software, Computer Software Documentation, and Technical
Data for Commercial Items are licensed to the U.S. Government under HP's
standard commercial license.
12. COMPLIANCE WITH EXPORT LAWS.  You shall comply with all laws and regulations
of the United States and other countries ("Export Laws") to assure that the
Software Product is not (1) exported, directly or indirectly, in violation of
Export Laws, or (2) used for any purpose prohibited by Export Laws, including,
without limitation, nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT.  You represent that you are of the
legal age of majority in your state of residence and, if applicable, you are
duly authorized by your employer to enter into this contract.
14. APPLICABLE LAW.  This EULA is governed by the laws of the State of
California, U.S.A. 
15. ENTIRE AGREEMENT.  This EULA (including any addendum or amendment to this
EULA which is included with the HP Product) is the entire agreement between
you and HP relating to the Software Product and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations
with respect to the Software Product or any other subject matter covered by
this EULA.  To the extent the terms of any HP policies or programs for
support services conflict with the terms of this EULA, the terms of this
EULA shall control.

(c) 2003 Hewlett-Packard Development Company, L.P. The information contained
herein is subject to change without notice. All other product names mentioned
herein may be trademarks of their respective companies. The only warranties
for HP products and services are set forth in the express warranty statements
accompanying such products and services. Nothing herein should be construed
as constituting an additional warranty. HP shall not be liable for technical
or editorial errors or omissions contained herein.

Rev. 10/03


356369-001 ]]>
wgbu-eula1.pl.hpe
hpscEula_wgbu-eula1_hpi.pl SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW. IF YOU AGREE TO THESE
TERMS, PLEASE CHOOSE THE "I ACCEPT" OPTION LOCATED ADJACENT TO THE SCREEN
WHERE THIS AGREEMENT IS DISPLAYED. IF YOU DO NOT AGREE TO THESE LICENSE
TERMS, PLEASE CHOOSE THE "I DO NOT ACCEPT" OPTION AND DO NOT DOWNLOAD
ANY SOFTWARE FROM THIS SITE. 

End User License Agreement
PLEASE READ CAREFULLY BEFORE USING THIS EQUIPMENT:  This End-User license
Agreement ("EULA") is a legal agreement between (a) you (either an individual
or a single entity) and (b) Hewlett-Packard Company ("HP") that governs your
use of any Software Product, installed on or made available by HP for use
with your HP product ("HP Product"), that is not otherwise subject to a
separate license agreement between you and HP or its suppliers.  Other
software may contain a EULA in its online documentation. The term "Software
Product" means computer software and may include associated media, printed
materials and "online" or electronic documentation.  An amendment or addendum
to this EULA may accompany the HP Product.


RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU
AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA.  BY INSTALLING, COPYING,
DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND
BY THE TERMS OF THIS EULA.  IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOUR
SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED PRODUCT (HARDWARE AND SOFTWARE)
WITHIN 14 DAYS FOR A REFUND SUBJECT TO THE REFUND POLICY OF YOUR PLACE OF
PURCHASE.

1. GRANT OF LICENSE.  HP grants you the following rights provided you comply
with all terms and conditions of this EULA:
a. Use.  You may use the Software Product on a single computer ("Your
Computer"). If the Software Product is provided to you via the internet and
was originally licensed for use on more than one computer, you may install
and use the Software Product only on those computers. You may not separate
component parts of the Software Product for use on more than one computer. 
You do not have the right to distribute the Software Product.  You may load
the Software Product into Your Computer's temporary memory (RAM) for purposes
of using the Software Product.
b. Storage.  You may copy the Software Product into the local memory or
storage device of the HP Product.
c. Copying.  You may make archival or back-up copies of the Software Product,
provided the copy contains all of the original Software Product's proprietary
notices and that it is used only for back-up purposes.
d. Reservation of Rights.  HP and its suppliers reserve all rights not
expressly granted to you in this EULA.
e. Freeware.  Notwithstanding the terms and conditions of this EULA, all
or any portion of the Software Product which constitutes non-proprietary HP
software or software provided under public license by third parties
("Freeware"), is licensed to you subject to the terms and conditions of the
software license agreement accompanying such Freeware whether in the form of
a discrete agreement, shrink wrap license or electronic license terms accepted
at time of download.  Use of the Freeware by you shall be governed entirely by
the terms and conditions of such license.
f. Recovery Solution.  Any software recovery solution provided with/for your
HP Product, whether in the form of a hard disk drive-based solution, an
external media-based recovery solution (e.g. floppy disk, CD or DVD) or an
equivalent solution delivered in any other form, may only be used for restoring
the hard disk of the HP Product with/for which the recovery solution was
originally purchased. The use of any Microsoft operating system software
contained in such recovery solution shall be governed by the Microsoft License
Agreement.
2. UPGRADES.  To use a Software Product identified as an upgrade, you must
first be licensed for the original Software Product identified by HP as eligible
for the upgrade.  After upgrading, you may no longer use the original Software
Product that formed the basis for your upgrade eligibility.
3. ADDITIONAL SOFTWARE.  This EULA applies to updates or supplements to the
original Software Product provided by HP unless HP provides other terms along
with the update or supplement. In case of a conflict between such terms, the
other terms will prevail.
4. TRANSFER.
a. Third Party.  The initial user of the Software Product may make a one-time
transfer of the Software Product to another end user.  Any transfer must include
all component parts, media, printed materials, this EULA, and if applicable,
the Certificate of Authenticity.  The transfer may not be an indirect transfer,
such as a consignment.  Prior to the transfer, the end user receiving the
transferred product must agree to all the EULA terms.  Upon transfer of the
Software Product, your license is automatically terminated.
b. Restrictions.  You may not rent, lease or lend the Software Product or use
the Software Product for commercial timesharing or bureau use.  You may not
sublicense, assign or transfer the license or Software Product except as
expressly provided in this EULA.
5. PROPRIETARY RIGHTS.  All intellectual property rights in the Software
Product and user documentation are owned by HP or its suppliers and are
protected by law, including but not limited to United States copyright,
trade secret, and trademark law, as well as other applicable laws and
international treaty provisions. You shall not remove any product
identification, copyright notices or proprietary restrictions from the
Software Product.
6. LIMITATION ON REVERSE ENGINEERING.  You may not reverse engineer, decompile,
or disassemble the Software Product, except and only to the extent that the right
to do so is mandated under applicable law notwithstanding this limitation or it
is expressly provided for in this EULA.
7. TERM. This EULA is effective unless terminated or rejected. This EULA will
also terminate upon conditions set forth elsewhere in this EULA or if you fail
to comply with any term or condition of this EULA.
8. CONSENT TO USE OF DATA.  You agree that HP and its affiliates may collect
and use technical information you provide in relation to support services
related to the Software Product.  HP agrees not to use this information in a
form that personally identifies you except to the extent necessary to provide
such services.
9. DISCLAIMER OF WARRANTIES.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "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
ALL WITH REGARD TO THE SOFTWARE PRODUCT.  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.
10. LIMITATION OF LIABILITY.  Notwithstanding any damages that you might incur,
the entire liability of HP and any of its suppliers under any provision of this
EULA 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 Product
or U.S. .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 CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED
TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN
CONNECTION WITH ANY PROVISION OF THIS EULA, 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. 
11. U.S. GOVERNMENT CUSTOMERS.  Consistent with FAR 12.211 and 12.212,
Commercial Computer Software, Computer Software Documentation, and Technical
Data for Commercial Items are licensed to the U.S. Government under HP's
standard commercial license.
12. COMPLIANCE WITH EXPORT LAWS.  You shall comply with all laws and regulations
of the United States and other countries ("Export Laws") to assure that the
Software Product is not (1) exported, directly or indirectly, in violation of
Export Laws, or (2) used for any purpose prohibited by Export Laws, including,
without limitation, nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT.  You represent that you are of the
legal age of majority in your state of residence and, if applicable, you are
duly authorized by your employer to enter into this contract.
14. APPLICABLE LAW.  This EULA is governed by the laws of the State of
California, U.S.A. 
15. ENTIRE AGREEMENT.  This EULA (including any addendum or amendment to this
EULA which is included with the HP Product) is the entire agreement between
you and HP relating to the Software Product and it supersedes all prior or
contemporaneous oral or written communications, proposals and representations
with respect to the Software Product or any other subject matter covered by
this EULA.  To the extent the terms of any HP policies or programs for
support services conflict with the terms of this EULA, the terms of this
EULA shall control.

(c) 2003 Hewlett-Packard Development Company, L.P. The information contained
herein is subject to change without notice. All other product names mentioned
herein may be trademarks of their respective companies. The only warranties
for HP products and services are set forth in the express warranty statements
accompanying such products and services. Nothing herein should be construed
as constituting an additional warranty. HP shall not be liable for technical
or editorial errors or omissions contained herein.

Rev. 10/03


356369-001 ]]>
wgbu-eula1.pl.hpi
hpscEula_cvsdm108_hpe.pl LICENSE GRANT

1.          In return for the License Fee, Hewlett Packard Enterprise grants Customer a non-exclusive license to Use the object code version of the Software on the quantity of devices specified above at any one time and in conformance with:

a.        The terms set forth herein; and

b.       Use restrictions and authorizations for the Software specified by HP in its quotation, invoice or terms that accompany the Software; and

c.        HP's third-party suppliers' terms that accompany the Software.

In the event of a conflict, the third-party suppliers' terms that accompany the Software will take precedence over the Use restrictions and authorizations specified by HP and the terms set forth herein ONLY IN CONNECTION WITH THE CORRESPONDING THIRD PARTY SOFTWARE (SUCH CONFLICTING THIRD PARTY TERMS, IF ANY, SHALL NOT EXPAND HP'S DUTIES OR POTENTIAL LIABILITY UNDER THIS AGREEMENT); and the Use restrictions and authorizations specified by HP will take precedence over the terms set forth herein.

2.          Unless otherwise specified, in return for the applicable License Fee, HP grants Customer a license to Use one copy of the Software on one Device at any one time.

3.          Unless otherwise specified, all Software Licenses will be perpetual unless terminated or transferred in accordance with the terms of this agreement.  

4.          If Customer is an HP authorized reseller, Customer may sublicense the Software to an end-user for its Use or (if applicable) sublicense the Software to an HP authorized reseller for subsequent distribution to an end-user for its Use. These sublicenses must incorporate the terms of this Software License in a written sublicense agreement, which will be made available by HP upon request.  If Customer is not an HP authorized reseller, Customer may not sublicense the Software unless otherwise agreed to by HP in writing.

Pursuant to HP’s licenses with these third-parties, HP has included the following relevant license notices.

JAVATM2 Runtime Environment Version 1.4

JAVATM2 Runtime Environment Version 1.4 is copyrighted by Sun

Copyright © 2000-2003 Sun. All Rights Reserved.

 

JCLASS Products

JCLASS Products  is copyrighted by Sun

Copyright © 2000-2003 Sun. All Rights Reserved.

5.          THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE").  USE OF THE HP SOFTWARE, THE ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE  "ONLINE" OR ELECTRONIC DOCUMENTATION ("PRODUCT") IS CONDITIONED UPON AND LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE AGREEMENTS ("ANCILLARY SOFTWARE LICENSES").  USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE, EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL ALSO APPLY TO SUCH ANCILLARY SOFTWARE.  HP HAS IDENTIFIEDANCILLARY 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" FILE.  THE ANCILLARY SOFTWARE LICENSES ARE ALSO SET FORTH IN THE "ANCILLARY.TXT" FILE.  BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE IS ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY SOFTWARE LICENSE IN THE ANCILLARY.TXT FILE.

IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL PUBLIC LICENSE ("GPL SOFTWARE"), LICENSEE MAY OBTAIN A COMPLETE MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: WWW.HP.COM. UPON LICENSEE'S WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL, TO LICENSEE.  INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.HP.COM.

GENERAL LICENSE TERMS

COPYRIGHT: 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 may protect their rights in the Software in the event of any infringement.

RESTRICTIONS: Customer may not rent, lease, or otherwise transfer the Software except as expressly authorized in these terms. Customer may not make the Software available over the Internet or any other publicly accessible network or technology. Customer may not remove any copyright, trademark, or other proprietary notices from the Software or the media.  Any and all copyrights must be reproduced.

COPYING: Customer may not copy the Software except as expressly provided for herein.  Customer may copy the Software into the local memory or storage device of the specified quantity of computers. Customer may not copy the Software onto a network server or onto a company or personal intranet. Customer may make archival or back-up copies of the Software. Customer may permanently transfer its rights to use the Software, the Software itself including any updates to the specified version of the Software, and the accompanying documentation including your hard copy License Agreement, provided you retain no copies of the Software, updates, documentation, or License Agreement, and the recipient agrees to the License Terms. 

TRANSFERABILITY:  Customer's Software License is transferable subject to HP's prior written authorization and payment to HP of any applicable fee(s). Upon transfer of the Software License, Customer will immediately deliver all copies of the Software to the transferee. Customer may transfer Firmware only upon transfer of the associated Device.  The transferee must agree in writing to the terms of Customer's Software License. All Software License terms will be binding on involuntary transferees, notice of which is hereby given. Customer's Software License will automatically terminate upon transfer.

TERMINATION:  HP may terminate Customer's or any transferee 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. 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, will be removed and destroyed or returned to HP. With HP's written consent, one copy of the Software may be retained subsequent to termination for archival purposes.

UPGRADES:  Updates, upgrades or other enhancements are available under HP Support agreements. HP reserves the right to require additional licenses and fees for Use of the Software on upgraded Devices.

MODIFICATION/DECOMPILING:  Customer will not modify, disassemble, reverse engineer, decompile or create derivative works 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.

LIMITATION OF LIABILITY

Attention Notice

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.  THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, OR DIRECT OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS. CUSTOMER IS SOLELY LIABLE IF THE SOFTWARE IS USED FOR THESE APPLICATIONS. CUSTOMER WILL INDEMNIFY AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR LIABILITY IN CONNECTION WITH SUCH USE.  In any case, HP's entire liability under any provision of this Software License and Express Limited Warranty shall be limited to the greater of the amount actually paid by Customer for the Software or U.S.  .00.  Customer's use of the Software is entirely at Customer's own risk.  Should the Software prove defective, Customer assumes 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 Customer   to the extent prohibited by such local laws.

WARRANTY:  HP warrants only that the Software media will be free of physical defects for a period of ninety (90) days from delivery. 

EXCLUSIVE REMEDY: The entire liability of HP and its suppliers and Customer's exclusive remedy for Software that does not conform to this Limited Warranty shall be the repair or replacement of the defective media. This warranty and remedy are subject to Customer's return of the defective media during the warranty period to HP in the country in which Customer obtained the Software.

Attention Notice

DISCLAIMER:  TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS PROVIDED TO CUSTOMER "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 RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY CUSTOMER.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HP OR HP'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR AMEND THIS "AS IS" WARRANTY.  Some jurisdictions do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply to Customers to the extent prohibited by such local laws.  Customer may have other rights that vary from country to country, state to state, or province to province.

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 CUSTOMER; 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.

GOVERNMENT:  If the Software is licensed for use in the performance of a U.S. government prime contract or subcontract, Customer agrees that, consistent with FAR 12.211 and 12.212, commercial computer software, computer software documentation and technical data for commercial items are licensed under vendor's standard commercial license.

GENERAL TERMS

ASSIGNABILITY: Customer may not assign any rights or obligations hereunder without prior written consent from HP.

EXPORT:  Customer who exports, re-exports or imports HP licensed Products, technology or technical data purchased hereunder, assumes responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. HP may suspend performance if Customer is in violation of any applicable laws or regulations.

SEVERABILITY:  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.

INTEGRATION/PRECEDENCE:  These HP Software License Terms supersede 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.

GOVERNING LAW.  The validity of any of the terms of this license agreement, as well as the rights, duties and obligations of the parties under this license agreement, will be governed by the laws of the State of California, USA, without reference to any conflict of laws or choice of law principles in the State of California that might result in the application of the law of another jurisdiction.

© 2003 Hewlett-Packard Development Company, L.P

Sun Microsystems, Inc.  Binary Code License Agreement

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWAREMEDIA PACKAGE.  BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.  IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

1.  LICENSE TO USE.  Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.

2.  RESTRICTIONS  Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors.  Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of  Software for archival purposes.  Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software.  You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.  Sun disclaims any express or implied warranty of fitness for such uses.  No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.  "

3. LIMITED WARRANTY.  Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use.  Except for the foregoing, Software is provided "AS IS".  Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.

4.  DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

5.  LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement.  The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

6.  Termination.  This Agreement is effective until terminated.  You may terminate this Agreement at any time by destroying all copies of Software.  This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.

7.  Export Regulations.  All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries.  You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

8.  U.S. Government Restricted Rights.  If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

9.  Governing Law.  Any action related to this Agreement will be governed by California law and controlling U.S. federal law.  No choice of law rules of any jurisdiction will apply.

10.  Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

11.  Integration.  This Agreement is the entire agreement between you and Sun relating to its subject matter.  It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement.  No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

For inquiries please contact: Sun Microsystems, Inc.  901 San Antonio Road, Palo Alto, California 94303

JAVATM 2 RUNTIME ENVIRONMENT VERSION 1.4 SUPPLEMENTAL LICENSE TERMS

These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.

1. License to Distribute. Subject to the terms and conditions of this Agreement, including, but not limited to, Section 2 (Redistributables) and Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary code form only, provided that you (i) distribute the Software complete and unmodified, only as part of, and for the sole purpose of running your Java applet or application ("Program") into which the Software is incorporated, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices contained in the Software, (iv) only distribute the Program subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against any damages, costs, !  liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

2. Redistributables. In addition to the license granted in Paragraph 1 above, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute, only as part of Software, those files specifically identified as redistributable in the Software "README" file (the "Redistributables") provided that: (a) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of the JavaTM applets and applications that you develop (the "Programs:); (b)  you do not distribute additional software intended to supersede any component(s) of the Redistributables; (c) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables;  (d) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement; and (e)  you agree to defend and indemnify Sun and its licensor!  s from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI.  In the event that you create an additional class and associated API(s) which (i) extends the functionality of a Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any class file naming convention.

4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the Java trademark and all Java-related trademarks, service marks, logos and other brand designations including the Coffee Cup logo and Duke logo ("Java Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Java Marks inures to Sun's benefit.

5. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed.

6. Termination. Sun may terminate this Agreement immediately should any Software become, or in Sun's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret, copyright or other intellectual property right.

END-USER LICENSE AGREEMENT FOR SITRAKA INC. JCLASS PRODUCTS

The following is the end user license agreement ("EULA") used on all of Sitraka Inc.'s JClass products, other than JClass JarMaster.

IMPORTANT -- READ CAREFULLY: This Sitraka Inc. ("Sitraka") End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Sitraka for the Sitraka software product identified above, which computer software includes class libraries (including source code if you have purchased it), Sun Microsystems, Inc.'s Java© Project X Technology and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE; you may, however, return it to your place of purchase for a full refund.

SOFTWARE LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1.  GRANT OF LICENSE

This EULA grants you the following rights:

          a. If You Have Any Version Of A JClass Product. This license permits a single developer to use the SOFTWARE on a single computer, subject to the restrictions in Section 3:

                   i) To Build Applets. Provided that applets you build are used only as an internal component in end-user oriented user-interfaces, you may copy them to additional computers (e.g. Web Servers), from which you may allow end-users to download, royalty-free, the applets in the course of browsing or interacting with Web pages you create. You are not permitted to distribute the applets in any fashion which would promote, encourage or allow reuse or redistribution of the applet, other than as permitted above; and

                   ii) To Build Stand-Alone Java© Applications. You have a royalty- free right to reproduce and distribute the class libraries as an integral part of your application(s). You are not permitted to expose, either directly or indirectly, any API that allows programmatic access to the class libraries.

          b. Source Code. If you have purchased the "Source Code" version of any product, you must use reasonable efforts to maintain the confidentiality of the source code, including ensuring that it is installed and used only on the single machine for which it is licensed, and that it is not otherwise used or copied.

          c. Definition Of Use. The SOFTWARE is "in use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use".

2.  LIMITED DISTRIBUTION RIGHTS.

Your royalty-free distribution rights described in Section 1 above are granted provided that you:

          (a) distribute the Applet(s) you build only in conjunction with and as an integral part of your Web pages, and distribute the class libraries only as an integral part of your end-user, stand-alone application;

          (b) your Web pages or software product(s) are targeted at end-users, and are not a development tool;

          (c) you do not use Sitraka's name, logo or trademark to market your Web pages or application;

          (d) you include a valid copyright notice on your Web pages and software products; and

          (e) you agree to indemnify, hold harmless, and defend Sitraka and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your Web pages and/or applications.

3.  DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

          a. Rental. You may not rent, lease, or lend the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this License Agreement. If the SOFTWARE is an upgrade, any transfer must include the most recent upgrade and all prior versions.

          b. Other Restrictions.  You may not reverse engineer, decompile, disassemble, create passwords for or translate the software, except to the extent such foregoing restriction is expressly prohibited by applicable law.

          c. Support Services. Sitraka may provide you with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the Sitraka policies and programs described in the user manual, "online" documentation, and/or other Sitraka-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Sitraka as part of the Support Services, Sitraka may use such information for its business purposes, including for product support and development. Sitraka will not utilize such technical information in a form that personally identifies you.

          d. Termination. Without prejudice to any other rights, Sitraka may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

4.  UPGRADES

If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by Sitraka as being eligible for the upgrade in order to use the SOFTWARE. SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.

5.  COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by Sitraka or its suppliers.Specifically, all title and copyrights in and to the Java© Project X Technology are owned and licensed by Sun Microsystems, Inc, Copyright © Sun Microsystems, Inc. All rights reserved.

The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.

6.  DUAL-MEDIA SOFTWARE

You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.

7.  U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Sitraka Inc., 260 King Street East, Toronto, Ontario, Canada, M5A 4L5.

8.  EXPORT RESTRICTIONS.

You agree that you do not intend to or will, directly or indirectly, export or transmit the SOFTWARE or related documentation and technical data, or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S., Canadian or other State regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

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: 

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.

9.  MISCELLANEOUS

If you acquired this product in the United States this EULA is governed by the laws of New York State, and the parties agree to resolve any dispute exclusively in the courts at New York City. If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, and the parties agree to resolve any dispute exclusively in the courts at Toronto.

If this product was acquired outside the United States or Canada, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact Sitraka for any reason, please contact the Sitraka subsidiary serving your country, or write: Sitraka Inc. Sales Information, 260 King Street East, Toronto, Ontario, Canada, M5A 4L5.

10.  LIMITED WARRANTY

LIMITED WARRANTY. Sitraka warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Sitraka shall be substantially as described in applicable written materials provided to you by Sitraka, and Sitraka support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE, if any, are limited to ninety (90) days.

CUSTOMER REMEDIES. Sitraka's and its suppliers' entire liability and your exclusive remedy shall be, at Sitraka's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet Sitraka's Limited Warranty and that is returned to Sitraka with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States and Canada, neither these remedies nor any product support services offered by Sitraka are available without proof of purchase from an authorized international source.

SPECIFIC DISCLAIMER FOR HIGH-RISK ACTIVITIES. The SOFTWARE is not designed or intended for use in high-risk activities including, without restricting the generality of the foregoing, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Sitraka and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes or any other purposes.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITRAKA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING PRINTED MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

11.  LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SITRAKA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SITRAKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SITRAKA'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A SITRAKA SUPPORT SERVICES AGREEMENT, SITRAKA'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

JCL5.0-LIC-STD-0105

 

 

hp StorageWorks

Command View SDM

Product Version: 1.08

First Edition (July 2004)

Part Number: T1086-90852

This document summarizes the End User License Agreement.

 

 

© 2003 Hewlett-Packard Development Company, L.P.

All other product names mentioned herein may be trademarks of their respective companies.
The information in this document is subject to change without notice.

 

HP StorageWorks Command View SDM End User License Agreement

First Edition (July 2004)
Part Number: T1086-90852

 

*T1086-90852*

*T1086-90852*

HEWLETT PACKARD COMPANY LICENSE AGREEMENT

IMPORTANT: READ CAREFULLY BEFORE USING THIS PRODUCT. USE OF THE SOFTWARE IS SUBJECT TO THE HEWLETT-PACKARD COMPANY ("HP") SOFTWARE LICENSE TERMS SET FORTH BELOW. USE OF THE SOFTWARE INDICATES CUSTOMER'S ACCEPTANCE OF THESE LICENSE TERMS. IF CUSTOMER DOES NOT ACCEPT THESE LICENSE TERMS, CUSTOMER MUST NOT INSTALL THE SOFTWARE.

SOFTWARE PROGRAM: HP StorageWorks Command View SDM

Product/PART NUMBER: T1086-63103

Open License

DEFINITIONS

n      "Software" means one or more programs capable of operating on a controller, processor or other hardware Product ("Device") and related documentation.  Software is either a separate Product, included with another Product ("Bundled Software"), or fixed in a Device and not removable in normal operation ("Firmware").

n      "Use" means storing, loading, installing, executing, or displaying Software on a Device.

n      "Products" means Software and documentation that are determined by HP to be available from HP upon receipt of Customer's order.

n      "Software License" means the Software license grant and general license terms set forth herein. Each Software License has a corresponding License Fee.

n      "License Fee" means the fee or fees designated by HP for Use of Software. Different License Fees may apply to particular Software if more than one Software License is available for that Software.

n      "Delivery" means standard HP shipping to and arrival at the receiving area at the Ship To address specified in Customer's order.

]]>
cvsdm108.pl.hpe
hpscEula_cvsdm108_hpi.pl LICENSE GRANT

1.          In return for the License Fee, HP Inc. grants Customer a non-exclusive license to Use the object code version of the Software on the quantity of devices specified above at any one time and in conformance with:

a.        The terms set forth herein; and

b.       Use restrictions and authorizations for the Software specified by HP in its quotation, invoice or terms that accompany the Software; and

c.        HP's third-party suppliers' terms that accompany the Software.

In the event of a conflict, the third-party suppliers' terms that accompany the Software will take precedence over the Use restrictions and authorizations specified by HP and the terms set forth herein ONLY IN CONNECTION WITH THE CORRESPONDING THIRD PARTY SOFTWARE (SUCH CONFLICTING THIRD PARTY TERMS, IF ANY, SHALL NOT EXPAND HP'S DUTIES OR POTENTIAL LIABILITY UNDER THIS AGREEMENT); and the Use restrictions and authorizations specified by HP will take precedence over the terms set forth herein.

2.          Unless otherwise specified, in return for the applicable License Fee, HP grants Customer a license to Use one copy of the Software on one Device at any one time.

3.          Unless otherwise specified, all Software Licenses will be perpetual unless terminated or transferred in accordance with the terms of this agreement.  

4.          If Customer is an HP authorized reseller, Customer may sublicense the Software to an end-user for its Use or (if applicable) sublicense the Software to an HP authorized reseller for subsequent distribution to an end-user for its Use. These sublicenses must incorporate the terms of this Software License in a written sublicense agreement, which will be made available by HP upon request.  If Customer is not an HP authorized reseller, Customer may not sublicense the Software unless otherwise agreed to by HP in writing.

Pursuant to HP’s licenses with these third-parties, HP has included the following relevant license notices.

JAVATM2 Runtime Environment Version 1.4

JAVATM2 Runtime Environment Version 1.4 is copyrighted by Sun

Copyright © 2000-2003 Sun. All Rights Reserved.

 

JCLASS Products

JCLASS Products  is copyrighted by Sun

Copyright © 2000-2003 Sun. All Rights Reserved.

5.          THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE").  USE OF THE HP SOFTWARE, THE ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE  "ONLINE" OR ELECTRONIC DOCUMENTATION ("PRODUCT") IS CONDITIONED UPON AND LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE AGREEMENTS ("ANCILLARY SOFTWARE LICENSES").  USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE, EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL ALSO APPLY TO SUCH ANCILLARY SOFTWARE.  HP HAS IDENTIFIEDANCILLARY 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" FILE.  THE ANCILLARY SOFTWARE LICENSES ARE ALSO SET FORTH IN THE "ANCILLARY.TXT" FILE.  BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE IS ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY SOFTWARE LICENSE IN THE ANCILLARY.TXT FILE.

IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL PUBLIC LICENSE ("GPL SOFTWARE"), LICENSEE MAY OBTAIN A COMPLETE MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: WWW.HP.COM. UPON LICENSEE'S WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL, TO LICENSEE.  INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.HP.COM.

GENERAL LICENSE TERMS

COPYRIGHT: 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 may protect their rights in the Software in the event of any infringement.

RESTRICTIONS: Customer may not rent, lease, or otherwise transfer the Software except as expressly authorized in these terms. Customer may not make the Software available over the Internet or any other publicly accessible network or technology. Customer may not remove any copyright, trademark, or other proprietary notices from the Software or the media.  Any and all copyrights must be reproduced.

COPYING: Customer may not copy the Software except as expressly provided for herein.  Customer may copy the Software into the local memory or storage device of the specified quantity of computers. Customer may not copy the Software onto a network server or onto a company or personal intranet. Customer may make archival or back-up copies of the Software. Customer may permanently transfer its rights to use the Software, the Software itself including any updates to the specified version of the Software, and the accompanying documentation including your hard copy License Agreement, provided you retain no copies of the Software, updates, documentation, or License Agreement, and the recipient agrees to the License Terms. 

TRANSFERABILITY:  Customer's Software License is transferable subject to HP's prior written authorization and payment to HP of any applicable fee(s). Upon transfer of the Software License, Customer will immediately deliver all copies of the Software to the transferee. Customer may transfer Firmware only upon transfer of the associated Device.  The transferee must agree in writing to the terms of Customer's Software License. All Software License terms will be binding on involuntary transferees, notice of which is hereby given. Customer's Software License will automatically terminate upon transfer.

TERMINATION:  HP may terminate Customer's or any transferee 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. 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, will be removed and destroyed or returned to HP. With HP's written consent, one copy of the Software may be retained subsequent to termination for archival purposes.

UPGRADES:  Updates, upgrades or other enhancements are available under HP Support agreements. HP reserves the right to require additional licenses and fees for Use of the Software on upgraded Devices.

MODIFICATION/DECOMPILING:  Customer will not modify, disassemble, reverse engineer, decompile or create derivative works 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.

LIMITATION OF LIABILITY

Attention Notice

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.  THE SOFTWARE IS NOT SPECIFICALLY DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, OR DIRECT OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS. CUSTOMER IS SOLELY LIABLE IF THE SOFTWARE IS USED FOR THESE APPLICATIONS. CUSTOMER WILL INDEMNIFY AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR LIABILITY IN CONNECTION WITH SUCH USE.  In any case, HP's entire liability under any provision of this Software License and Express Limited Warranty shall be limited to the greater of the amount actually paid by Customer for the Software or U.S.  .00.  Customer's use of the Software is entirely at Customer's own risk.  Should the Software prove defective, Customer assumes 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 Customer   to the extent prohibited by such local laws.

WARRANTY:  HP warrants only that the Software media will be free of physical defects for a period of ninety (90) days from delivery. 

EXCLUSIVE REMEDY: The entire liability of HP and its suppliers and Customer's exclusive remedy for Software that does not conform to this Limited Warranty shall be the repair or replacement of the defective media. This warranty and remedy are subject to Customer's return of the defective media during the warranty period to HP in the country in which Customer obtained the Software.

Attention Notice

DISCLAIMER:  TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS PROVIDED TO CUSTOMER "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 RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY CUSTOMER.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HP OR HP'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR AMEND THIS "AS IS" WARRANTY.  Some jurisdictions do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply to Customers to the extent prohibited by such local laws.  Customer may have other rights that vary from country to country, state to state, or province to province.

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 CUSTOMER; 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.

GOVERNMENT:  If the Software is licensed for use in the performance of a U.S. government prime contract or subcontract, Customer agrees that, consistent with FAR 12.211 and 12.212, commercial computer software, computer software documentation and technical data for commercial items are licensed under vendor's standard commercial license.

GENERAL TERMS

ASSIGNABILITY: Customer may not assign any rights or obligations hereunder without prior written consent from HP.

EXPORT:  Customer who exports, re-exports or imports HP licensed Products, technology or technical data purchased hereunder, assumes responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. HP may suspend performance if Customer is in violation of any applicable laws or regulations.

SEVERABILITY:  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.

INTEGRATION/PRECEDENCE:  These HP Software License Terms supersede 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.

GOVERNING LAW.  The validity of any of the terms of this license agreement, as well as the rights, duties and obligations of the parties under this license agreement, will be governed by the laws of the State of California, USA, without reference to any conflict of laws or choice of law principles in the State of California that might result in the application of the law of another jurisdiction.

© 2003 Hewlett-Packard Development Company, L.P

Sun Microsystems, Inc.  Binary Code License Agreement

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWAREMEDIA PACKAGE.  BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.  IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

1.  LICENSE TO USE.  Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.

2.  RESTRICTIONS  Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors.  Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of  Software for archival purposes.  Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software.  You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.  Sun disclaims any express or implied warranty of fitness for such uses.  No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.  "

3. LIMITED WARRANTY.  Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use.  Except for the foregoing, Software is provided "AS IS".  Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.

4.  DISCLAIMER OF WARRANTY.  UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

5.  LIMITATION OF LIABILITY.  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement.  The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.

6.  Termination.  This Agreement is effective until terminated.  You may terminate this Agreement at any time by destroying all copies of Software.  This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.

7.  Export Regulations.  All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries.  You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

8.  U.S. Government Restricted Rights.  If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

9.  Governing Law.  Any action related to this Agreement will be governed by California law and controlling U.S. federal law.  No choice of law rules of any jurisdiction will apply.

10.  Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

11.  Integration.  This Agreement is the entire agreement between you and Sun relating to its subject matter.  It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement.  No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

For inquiries please contact: Sun Microsystems, Inc.  901 San Antonio Road, Palo Alto, California 94303

JAVATM 2 RUNTIME ENVIRONMENT VERSION 1.4 SUPPLEMENTAL LICENSE TERMS

These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.

1. License to Distribute. Subject to the terms and conditions of this Agreement, including, but not limited to, Section 2 (Redistributables) and Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary code form only, provided that you (i) distribute the Software complete and unmodified, only as part of, and for the sole purpose of running your Java applet or application ("Program") into which the Software is incorporated, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices contained in the Software, (iv) only distribute the Program subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against any damages, costs, !  liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

2. Redistributables. In addition to the license granted in Paragraph 1 above, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute, only as part of Software, those files specifically identified as redistributable in the Software "README" file (the "Redistributables") provided that: (a) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of the JavaTM applets and applications that you develop (the "Programs:); (b)  you do not distribute additional software intended to supersede any component(s) of the Redistributables; (c) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables;  (d) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement; and (e)  you agree to defend and indemnify Sun and its licensor!  s from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI.  In the event that you create an additional class and associated API(s) which (i) extends the functionality of a Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any class file naming convention.

4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the Java trademark and all Java-related trademarks, service marks, logos and other brand designations including the Coffee Cup logo and Duke logo ("Java Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Java Marks inures to Sun's benefit.

5. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed.

6. Termination. Sun may terminate this Agreement immediately should any Software become, or in Sun's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret, copyright or other intellectual property right.

END-USER LICENSE AGREEMENT FOR SITRAKA INC. JCLASS PRODUCTS

The following is the end user license agreement ("EULA") used on all of Sitraka Inc.'s JClass products, other than JClass JarMaster.

IMPORTANT -- READ CAREFULLY: This Sitraka Inc. ("Sitraka") End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Sitraka for the Sitraka software product identified above, which computer software includes class libraries (including source code if you have purchased it), Sun Microsystems, Inc.'s Java© Project X Technology and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE; you may, however, return it to your place of purchase for a full refund.

SOFTWARE LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1.  GRANT OF LICENSE

This EULA grants you the following rights:

          a. If You Have Any Version Of A JClass Product. This license permits a single developer to use the SOFTWARE on a single computer, subject to the restrictions in Section 3:

                   i) To Build Applets. Provided that applets you build are used only as an internal component in end-user oriented user-interfaces, you may copy them to additional computers (e.g. Web Servers), from which you may allow end-users to download, royalty-free, the applets in the course of browsing or interacting with Web pages you create. You are not permitted to distribute the applets in any fashion which would promote, encourage or allow reuse or redistribution of the applet, other than as permitted above; and

                   ii) To Build Stand-Alone Java© Applications. You have a royalty- free right to reproduce and distribute the class libraries as an integral part of your application(s). You are not permitted to expose, either directly or indirectly, any API that allows programmatic access to the class libraries.

          b. Source Code. If you have purchased the "Source Code" version of any product, you must use reasonable efforts to maintain the confidentiality of the source code, including ensuring that it is installed and used only on the single machine for which it is licensed, and that it is not otherwise used or copied.

          c. Definition Of Use. The SOFTWARE is "in use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use".

2.  LIMITED DISTRIBUTION RIGHTS.

Your royalty-free distribution rights described in Section 1 above are granted provided that you:

          (a) distribute the Applet(s) you build only in conjunction with and as an integral part of your Web pages, and distribute the class libraries only as an integral part of your end-user, stand-alone application;

          (b) your Web pages or software product(s) are targeted at end-users, and are not a development tool;

          (c) you do not use Sitraka's name, logo or trademark to market your Web pages or application;

          (d) you include a valid copyright notice on your Web pages and software products; and

          (e) you agree to indemnify, hold harmless, and defend Sitraka and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your Web pages and/or applications.

3.  DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

          a. Rental. You may not rent, lease, or lend the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this License Agreement. If the SOFTWARE is an upgrade, any transfer must include the most recent upgrade and all prior versions.

          b. Other Restrictions.  You may not reverse engineer, decompile, disassemble, create passwords for or translate the software, except to the extent such foregoing restriction is expressly prohibited by applicable law.

          c. Support Services. Sitraka may provide you with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the Sitraka policies and programs described in the user manual, "online" documentation, and/or other Sitraka-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Sitraka as part of the Support Services, Sitraka may use such information for its business purposes, including for product support and development. Sitraka will not utilize such technical information in a form that personally identifies you.

          d. Termination. Without prejudice to any other rights, Sitraka may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

4.  UPGRADES

If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by Sitraka as being eligible for the upgrade in order to use the SOFTWARE. SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.

5.  COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by Sitraka or its suppliers.Specifically, all title and copyrights in and to the Java© Project X Technology are owned and licensed by Sun Microsystems, Inc, Copyright © Sun Microsystems, Inc. All rights reserved.

The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.

6.  DUAL-MEDIA SOFTWARE

You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.

7.  U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Sitraka Inc., 260 King Street East, Toronto, Ontario, Canada, M5A 4L5.

8.  EXPORT RESTRICTIONS.

You agree that you do not intend to or will, directly or indirectly, export or transmit the SOFTWARE or related documentation and technical data, or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S., Canadian or other State regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

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: 

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.

9.  MISCELLANEOUS

If you acquired this product in the United States this EULA is governed by the laws of New York State, and the parties agree to resolve any dispute exclusively in the courts at New York City. If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, and the parties agree to resolve any dispute exclusively in the courts at Toronto.

If this product was acquired outside the United States or Canada, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact Sitraka for any reason, please contact the Sitraka subsidiary serving your country, or write: Sitraka Inc. Sales Information, 260 King Street East, Toronto, Ontario, Canada, M5A 4L5.

10.  LIMITED WARRANTY

LIMITED WARRANTY. Sitraka warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Sitraka shall be substantially as described in applicable written materials provided to you by Sitraka, and Sitraka support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE, if any, are limited to ninety (90) days.

CUSTOMER REMEDIES. Sitraka's and its suppliers' entire liability and your exclusive remedy shall be, at Sitraka's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet Sitraka's Limited Warranty and that is returned to Sitraka with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States and Canada, neither these remedies nor any product support services offered by Sitraka are available without proof of purchase from an authorized international source.

SPECIFIC DISCLAIMER FOR HIGH-RISK ACTIVITIES. The SOFTWARE is not designed or intended for use in high-risk activities including, without restricting the generality of the foregoing, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Sitraka and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes or any other purposes.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SITRAKA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING PRINTED MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

11.  LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SITRAKA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SITRAKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SITRAKA'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A SITRAKA SUPPORT SERVICES AGREEMENT, SITRAKA'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

JCL5.0-LIC-STD-0105

 

 

hp StorageWorks

Command View SDM

Product Version: 1.08

First Edition (July 2004)

Part Number: T1086-90852

This document summarizes the End User License Agreement.

 

 

© 2003 Hewlett-Packard Development Company, L.P.

All other product names mentioned herein may be trademarks of their respective companies.
The information in this document is subject to change without notice.

 

HP StorageWorks Command View SDM End User License Agreement

First Edition (July 2004)
Part Number: T1086-90852

 

*T1086-90852*

*T1086-90852*

HEWLETT PACKARD COMPANY LICENSE AGREEMENT

IMPORTANT: READ CAREFULLY BEFORE USING THIS PRODUCT. USE OF THE SOFTWARE IS SUBJECT TO THE HEWLETT-PACKARD COMPANY ("HP") SOFTWARE LICENSE TERMS SET FORTH BELOW. USE OF THE SOFTWARE INDICATES CUSTOMER'S ACCEPTANCE OF THESE LICENSE TERMS. IF CUSTOMER DOES NOT ACCEPT THESE LICENSE TERMS, CUSTOMER MUST NOT INSTALL THE SOFTWARE.

SOFTWARE PROGRAM: HP StorageWorks Command View SDM

Product/PART NUMBER: T1086-63103

Open License

DEFINITIONS

n      "Software" means one or more programs capable of operating on a controller, processor or other hardware Product ("Device") and related documentation.  Software is either a separate Product, included with another Product ("Bundled Software"), or fixed in a Device and not removable in normal operation ("Firmware").

n      "Use" means storing, loading, installing, executing, or displaying Software on a Device.

n      "Products" means Software and documentation that are determined by HP to be available from HP upon receipt of Customer's order.

n      "Software License" means the Software license grant and general license terms set forth herein. Each Software License has a corresponding License Fee.

n      "License Fee" means the fee or fees designated by HP for Use of Software. Different License Fees may apply to particular Software if more than one Software License is available for that Software.

n      "Delivery" means standard HP shipping to and arrival at the receiving area at the Ship To address specified in Customer's order.

]]>
cvsdm108.pl.hpi
hpscEula_prov_eula_hpe.pl Hewlett Packard Company License Agreement

  IMPORTANT: READ CAREFULLY BEFORE USING THIS PRODUCT.  USE OF THE SOFTWARE IS SUBJECT TO THE HEWLETT-PACKARD COMPANY (“HP”) SOFTWARE LICENSE TERMS SET FORTH BELOW.  USE OF THE SOFTWARE INDICATES CUSTOMER’S ACCEPTANCE OF THESE LICENSE TERMS.  IF CUSTOMER DOES NOT ACCEPT THESE LICENSE TERMS, CUSTOMER MUST NOT INSTALL THE SOFTWARE. 

  SOFTWARE PROGRAM:  QLogic HBA SMI-S Provider

 

QUANTITY of DEVICES:  unlimited number of devices

 

DEFINITIONS

“Software” means one or more programs capable of operating on a controller, processor or other hardware Product (“Device”) and related documentation.  Software is either a separate Product, included with another Product ("Bundled Software"), or fixed in a Device and not removable in normal operation (“Firmware”).

“Use” means storing, loading, installing, executing, or displaying Software on a Device.

“Products” means Software and documentation 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. Different License Fees may apply to particular Software if more than one Software License is available for that Software.

“Delivery” means standard HP shipping to and arrival at the receiving area at the Ship To address specified in Customer’s order.

LICENSE GRANT

1.        In return for the License Fee, HP grants Customer a non-exclusive license to Use the object code version of the Software on the quantity of devices specified above at any one time and in conformance with:

a.        The terms set forth herein; and

b.        Use restrictions and authorizations for the Software specified by HP in its quotation, invoice or terms that accompany the Software; and

c.        HP's third-party suppliers' terms that accompany the Software.

In the event of a conflict, the third-party suppliers’ terms that accompany the Software will take precedence over the Use restrictions and authorizations specified by HP and the terms set forth herein ONLY IN CONNECTION WITH THE CORRESPONDING THIRD PARTY SOFTWARE (SUCH CONFLICTING THIRD PARTY TERMS, IF ANY, SHALL NOT EXPAND HP’S DUTIES OR POTENTIAL LIABILITY UNDER THIS AGREEMENT); and the Use restrictions and authorizations specified by HP will take precedence over the terms set forth herein. 

2.        Unless otherwise specified, in return for the applicable License Fee, HP grants Customer a license to Use one (1) copy of the Software on one (1) Device at any one time.

3.        Unless otherwise specified, all Software Licenses will be perpetual unless terminated or transferred in accordance with the terms of this agreement

4.        If Customer is an HP authorized reseller, Customer may sublicense the Software to an end-user for its Use or (if applicable) sublicense the Software to an HP authorized reseller for subsequent distribution to an end-user for its Use. These sublicenses must incorporate the terms of this Software License in a written sublicense agreement, which will be made available by HP upon request.  If Customer is not an HP authorized reseller, Customer may not sublicense the Software unless otherwise agreed to by HP in writing.  

5.    THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE").  USE OF THE HP SOFTWARE, THE ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE  "ONLINE" OR ELECTRONIC DOCUMENTATION ("PRODUCT") IS CONDITIONED UPON AND LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE AGREEMENTS ("ANCILLARY SOFTWARE LICENSES").  USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE, EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL ALSO APPLY TO SUCH ANCILLARY SOFTWARE.  HP HAS IDENTIFIED 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" FILE.  THE ANCILLARY SOFTWARE LICENSES ARE ALSO SET FORTH IN THE "ANCILLARY.TXT" FILE.  BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE IS ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY SOFTWARE LICENSE IN THE ANCILLARY.TXT FILE. 

IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL PUBLIC LICENSE ("GPL SOFTWARE"), LICENSEE MAY OBTAIN A COMPLETE MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: WWW.HP.COM. UPON LICENSEE'S WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL, TO LICENSEE.  INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.HP.COM.

GENERAL LICENSE TERMS

Copyright: 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 may protect their rights in the Software in the event of any infringement.

Restrictions: Customer may not rent, lease, or otherwise transfer the Software except as expressly authorized in these terms. Customer may not make the Software available over the Internet or any other publicly accessible network or technology. Customer may not remove any copyright, trademark, or other proprietary notices from the Software or the media.  Any and all copyrights must be reproduced.

Copying: Customer may not copy the Software except as expressly provided for herein.  Customer may copy the Software into the local memory or storage device of the specified quantity of computers. Customer may not copy the Software onto a network server or onto a company or personal intranet. Customer may make archival or back-up copies of the Software. Customer may permanently transfer its rights to use the Software, the Software itself including any updates to the specified version of the Software, and the accompanying documentation including your hard copy License Agreement, provided you retain no copies of the Software, updates, documentation, or License Agreement, and the recipient agrees to the License Terms. 

Transferability:   Customer's Software License is transferable subject to HP's prior written authorization and payment to HP of any applicable fee(s). Upon transfer of the Software License, Customer will immediately deliver all copies of the Software to the transferee. Customer may transfer Firmware only upon transfer of the associated Device.  The transferee must agree in writing to the terms of Customer's Software License. All Software License terms will be binding on involuntary transferees, notice of which is hereby given. Customer's Software License will automatically terminate upon transfer.

termination:  HP may terminate Customer's or any transferee 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. 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, will be removed and destroyed or returned to HP. With HP's written consent, one copy of the Software may be retained subsequent to termination for archival purposes.

Upgrades:  Updates, upgrades or other enhancements are available under HP Support agreements. HP reserves the right to require additional licenses and fees for Use of the Software on upgraded Devices.

Modification/Decompiling:  Customer will not modify, disassemble, reverse engineer, decompile or create derivative works 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. 

Limitation of Liability

Attention Notice

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.  the software is not specifically designed, manufactured or intended for use in the planning, construction, maintenance, or direct operation of a nuclear facility, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS. Customer is solely liable if the software is used for these applications. Customer will indemnify and hold HP harmless from all loss, damage, expense or liability in connection with such use.  In any case, HP’s entire liability under any provision of this Software License and Express Limited Warranty shall be limited to the greater of the amount actually paid by Customer for the Software or U.S.  .00.  Customer’s use of the Software is entirely at Customer’s own risk.  Should the Software prove defective, Customer assumes 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 Customer   to the extent prohibited by such local laws.  

Warranty:   HP warrants only that the Software media will be free of physical defects for a period of ninety (90) days from delivery. 

EXCLUSIVE REMEDY: The entire liability of HP and its suppliers and Customer’s exclusive remedy for Software that does not conform to this Limited Warranty shall be the repair or replacement of the defective media. This warranty and remedy are subject to Customer’s return of the defective media during the warranty period to HP in the country in which Customer obtained the Software.

Attention Notice

DISCLAIMER :  TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS PROVIDED TO CUSTOMER “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 RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY CUSTOMER.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HP OR HP’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR AMEND THIS “AS IS” WARRANTY.  Some jurisdictions do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply to Customers to the extent prohibited by such local laws.  Customer may have other rights that vary from country to country, state to state, or province to province.  

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 CUSTOMER; 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.  

Government:   If the Software is licensed for use in the performance of a U.S. government prime contract or subcontract, Customer agrees that, consistent with FAR 12.211 and 12.212, commercial computer software, computer software documentation and technical data for commercial items are licensed under vendor’s standard commercial license.  

General Terms

Assignability: Customer may not assign any rights or obligations hereunder without prior written consent from HP.

EXPORT:   Customer who exports, re-exports or imports HP licensed Products, technology or technical data purchased hereunder, assumes responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. HP may suspend performance if Customer is in violation of any applicable laws or regulations .

Severability:  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.

Integration/Precedence:  These HP Software License Terms supersede 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.

GOVERNING LAW .  The validity of any of the terms of this license agreement, as well as the rights, duties and obligations of the parties under this license agreement, will be governed by the laws of the State of California, USA, without reference to any conflict of laws or choice of law principles in the State of California that might result in the application of the law of another jurisdiction.

 

 

© 2005 Hewlett-Packard Development Company, L.P

AA-RW8CA-TE
First edition:  October 2005

]]>
prov_eula.pl.hpe
hpscEula_prov_eula_hpi.pl Hewlett Packard Company License Agreement

  IMPORTANT: READ CAREFULLY BEFORE USING THIS PRODUCT.  USE OF THE SOFTWARE IS SUBJECT TO THE HEWLETT-PACKARD COMPANY (“HP”) SOFTWARE LICENSE TERMS SET FORTH BELOW.  USE OF THE SOFTWARE INDICATES CUSTOMER’S ACCEPTANCE OF THESE LICENSE TERMS.  IF CUSTOMER DOES NOT ACCEPT THESE LICENSE TERMS, CUSTOMER MUST NOT INSTALL THE SOFTWARE. 

  SOFTWARE PROGRAM:  QLogic HBA SMI-S Provider

 

QUANTITY of DEVICES:  unlimited number of devices

 

DEFINITIONS

“Software” means one or more programs capable of operating on a controller, processor or other hardware Product (“Device”) and related documentation.  Software is either a separate Product, included with another Product ("Bundled Software"), or fixed in a Device and not removable in normal operation (“Firmware”).

“Use” means storing, loading, installing, executing, or displaying Software on a Device.

“Products” means Software and documentation 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. Different License Fees may apply to particular Software if more than one Software License is available for that Software.

“Delivery” means standard HP shipping to and arrival at the receiving area at the Ship To address specified in Customer’s order.

LICENSE GRANT

1.        In return for the License Fee, HP grants Customer a non-exclusive license to Use the object code version of the Software on the quantity of devices specified above at any one time and in conformance with:

a.        The terms set forth herein; and

b.        Use restrictions and authorizations for the Software specified by HP in its quotation, invoice or terms that accompany the Software; and

c.        HP's third-party suppliers' terms that accompany the Software.

In the event of a conflict, the third-party suppliers’ terms that accompany the Software will take precedence over the Use restrictions and authorizations specified by HP and the terms set forth herein ONLY IN CONNECTION WITH THE CORRESPONDING THIRD PARTY SOFTWARE (SUCH CONFLICTING THIRD PARTY TERMS, IF ANY, SHALL NOT EXPAND HP’S DUTIES OR POTENTIAL LIABILITY UNDER THIS AGREEMENT); and the Use restrictions and authorizations specified by HP will take precedence over the terms set forth herein. 

2.        Unless otherwise specified, in return for the applicable License Fee, HP grants Customer a license to Use one (1) copy of the Software on one (1) Device at any one time.

3.        Unless otherwise specified, all Software Licenses will be perpetual unless terminated or transferred in accordance with the terms of this agreement

4.        If Customer is an HP authorized reseller, Customer may sublicense the Software to an end-user for its Use or (if applicable) sublicense the Software to an HP authorized reseller for subsequent distribution to an end-user for its Use. These sublicenses must incorporate the terms of this Software License in a written sublicense agreement, which will be made available by HP upon request.  If Customer is not an HP authorized reseller, Customer may not sublicense the Software unless otherwise agreed to by HP in writing.  

5.    THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE").  USE OF THE HP SOFTWARE, THE ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE  "ONLINE" OR ELECTRONIC DOCUMENTATION ("PRODUCT") IS CONDITIONED UPON AND LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE AGREEMENTS ("ANCILLARY SOFTWARE LICENSES").  USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE, EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL ALSO APPLY TO SUCH ANCILLARY SOFTWARE.  HP HAS IDENTIFIED 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" FILE.  THE ANCILLARY SOFTWARE LICENSES ARE ALSO SET FORTH IN THE "ANCILLARY.TXT" FILE.  BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE IS ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY SOFTWARE LICENSE IN THE ANCILLARY.TXT FILE. 

IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL PUBLIC LICENSE ("GPL SOFTWARE"), LICENSEE MAY OBTAIN A COMPLETE MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: WWW.HP.COM. UPON LICENSEE'S WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL, TO LICENSEE.  INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.HP.COM.

GENERAL LICENSE TERMS

Copyright: 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 may protect their rights in the Software in the event of any infringement.

Restrictions: Customer may not rent, lease, or otherwise transfer the Software except as expressly authorized in these terms. Customer may not make the Software available over the Internet or any other publicly accessible network or technology. Customer may not remove any copyright, trademark, or other proprietary notices from the Software or the media.  Any and all copyrights must be reproduced.

Copying: Customer may not copy the Software except as expressly provided for herein.  Customer may copy the Software into the local memory or storage device of the specified quantity of computers. Customer may not copy the Software onto a network server or onto a company or personal intranet. Customer may make archival or back-up copies of the Software. Customer may permanently transfer its rights to use the Software, the Software itself including any updates to the specified version of the Software, and the accompanying documentation including your hard copy License Agreement, provided you retain no copies of the Software, updates, documentation, or License Agreement, and the recipient agrees to the License Terms. 

Transferability:   Customer's Software License is transferable subject to HP's prior written authorization and payment to HP of any applicable fee(s). Upon transfer of the Software License, Customer will immediately deliver all copies of the Software to the transferee. Customer may transfer Firmware only upon transfer of the associated Device.  The transferee must agree in writing to the terms of Customer's Software License. All Software License terms will be binding on involuntary transferees, notice of which is hereby given. Customer's Software License will automatically terminate upon transfer.

termination:  HP may terminate Customer's or any transferee 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. 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, will be removed and destroyed or returned to HP. With HP's written consent, one copy of the Software may be retained subsequent to termination for archival purposes.

Upgrades:  Updates, upgrades or other enhancements are available under HP Support agreements. HP reserves the right to require additional licenses and fees for Use of the Software on upgraded Devices.

Modification/Decompiling:  Customer will not modify, disassemble, reverse engineer, decompile or create derivative works 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. 

Limitation of Liability

Attention Notice

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.  the software is not specifically designed, manufactured or intended for use in the planning, construction, maintenance, or direct operation of a nuclear facility, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS. Customer is solely liable if the software is used for these applications. Customer will indemnify and hold HP harmless from all loss, damage, expense or liability in connection with such use.  In any case, HP’s entire liability under any provision of this Software License and Express Limited Warranty shall be limited to the greater of the amount actually paid by Customer for the Software or U.S.  .00.  Customer’s use of the Software is entirely at Customer’s own risk.  Should the Software prove defective, Customer assumes 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 Customer   to the extent prohibited by such local laws.  

Warranty:   HP warrants only that the Software media will be free of physical defects for a period of ninety (90) days from delivery. 

EXCLUSIVE REMEDY: The entire liability of HP and its suppliers and Customer’s exclusive remedy for Software that does not conform to this Limited Warranty shall be the repair or replacement of the defective media. This warranty and remedy are subject to Customer’s return of the defective media during the warranty period to HP in the country in which Customer obtained the Software.

Attention Notice

DISCLAIMER :  TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS PROVIDED TO CUSTOMER “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 RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY CUSTOMER.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HP OR HP’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR AMEND THIS “AS IS” WARRANTY.  Some jurisdictions do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply to Customers to the extent prohibited by such local laws.  Customer may have other rights that vary from country to country, state to state, or province to province.  

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 CUSTOMER; 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.  

Government:   If the Software is licensed for use in the performance of a U.S. government prime contract or subcontract, Customer agrees that, consistent with FAR 12.211 and 12.212, commercial computer software, computer software documentation and technical data for commercial items are licensed under vendor’s standard commercial license.  

General Terms

Assignability: Customer may not assign any rights or obligations hereunder without prior written consent from HP.

EXPORT:   Customer who exports, re-exports or imports HP licensed Products, technology or technical data purchased hereunder, assumes responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. HP may suspend performance if Customer is in violation of any applicable laws or regulations .

Severability:  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.

Integration/Precedence:  These HP Software License Terms supersede 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.

GOVERNING LAW .  The validity of any of the terms of this license agreement, as well as the rights, duties and obligations of the parties under this license agreement, will be governed by the laws of the State of California, USA, without reference to any conflict of laws or choice of law principles in the State of California that might result in the application of the law of another jurisdiction.

 

 

© 2005 Hewlett-Packard Development Company, L.P

AA-RW8CA-TE
First edition:  October 2005

]]>
prov_eula.pl.hpi
hpscEula_mcdata_license_hpe.pl HEWLETT-PACKARD SOFTWARE LICENSE AGREEMENT

 

 

IMPORTANT: READ CAREFULLY BEFORE USING THIS SOFTWARE.  USE OF THE SOFTWARE IS SUBJECT TO HP’S  LICENSE TERMS SET FORTH BELOW.  IF YOU CLICK “ACCEPT” BELOW, THE FOLLOWING TERMS SHALL APPLY.   YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE IN THE EVENT YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE.

 

SOFTWARE PROGRAM:

VERSION:

 

DEFINITIONS

 

1.         “Software” means HP’s program code, in binary form, which is capable of operating on a controller, processor or other hardware product (“Device”), and related documentation.  Software is either a separate product, included with another product (“Bundled Software”), or fixed in a Device and not removable in normal operation (“Firmware”). 

2.         “Software License” hereinafter referred to as “License” means the Software license grant and general terms set forth herein.

3.         Documentation shall mean explanatory and informational materials for the Software, in printed or electronic form.

4.         “Use” means storing, loading, installing, executing, or displaying Software on a Device.

 

LICENSE GRANT

 

1.         HP grants you a non-exclusive, no charge, license to Use the Software as specified above in conformance with:

a.            The terms set forth herein; and

b.             The terms of the “Data Protector Test Site Agreement”; and

c.             HP’s third-party suppliers’ terms that may accompany the Software.

In the event of a conflict, any third-party suppliers’ terms that accompany the Software will take precedence over the Use restrictions and authorizations specified by HP and the terms set forth herein ONLY IN CONNECTION WITH THE THIRD-PARTY SOFTWARE (SUCH CONFLICTING THIRD-PARTY TERMS, IF ANY, SHALL NOT EXPAND HP’S DUTIES OR POTENTIAL LIABILITY UNDER THIS AGREEMENT); and the Use restrictions and authorizations specified by HP will take precedence over the terms set forth herein.

2.         Unless otherwise specified, HP grants you a license to Use one copy of the Software on one device at any one time.

3.         Software is provided for your internal Use only.  This License shall be effective as of your acceptance of the license terms and conditions as indicated by you clicking the “Accept” button and shall remain in full force and effect until the first to occur of; (a) notice of termination by either party; or (b) the general commercial availability of the released version of the Software which shall not be subject to any prior notice. 

 

4.         You shall not Use Software without first becoming an approved participant under HP’s Data Protector Beta Test Site Program and your Use of the Software shall be in accordance with the purposes permitted under HP’s Beta Test Site Program.

 

5.         THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND THIRD PARTIES, INCLUDING THE OPEN SOURCE COMMUNITY (“ANCILLARY SOFTWARE”).  USE OF THE HP SOFTWARE, THE ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND ANY “ONLINE” OR ELECTRONIC DOCUMENTATION IS CONDITIONED UPON AND LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE “AS IS WARRANTY STATEMENT” AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE AGREEMENTS (“ANCILLARY SOFTWARE LICENSES”).  USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE, EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THE “AS IS WARRANTY STATEMENT” OF THIS AGREEMENT SHALL ALSO APPLY TO SUCH ANCILLARY SOFTWARE.  HP HAS IDENTIFIED 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” FILE.  THE ANCILLARY SOFTWARE LICENSES ARE ALSO SET FORTH IN THE “ANCILLARY.TEXT” 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 FILE.

 

IF AND ONLY IF THE SOFTWARE INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL PUBLIC LICENSE (“GPL SOFTWARE”), YOU MAY OBTAIN A COMPLETE MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE (“GPL SOURCE CODE”) BY DOWNLOAD FROM A SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: WWW.HP.COM.  UPON YOUR WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL, TO YOU.  INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.HP.COM.     

GENERAL LICENSE TERMS

 

COPYRIGHT:   Software is owned and or copyrighted by HP or by third-party suppliers. This License confers no title or ownership to you or any third party and is not a sale of any rights in the Software. Third-party suppliers may protect and enforce  their rights in their software  in the event of any infringement.

Restrictions  You may not rent, lease, sublicense or otherwise transfer the Software. You may not make the Software available over the Internet or any other publicly accessible network or technology. You may not remove any copyright, trademark, or other proprietary notices from the Software or the media.  Any and all copyright, trademark or other proprietary notices must be reproduced.

Copying  You   may not copy the Software except as expressly provided for herein.  You may copy the Software, as applicable, into the local memory or storage Device of a single computer.  You may not copy the Software on a network server or onto a company or personal intranet.  You may make archival or back-up copies of the Software. 

termination  HP may terminate this License upon notice for failure to comply with any applicable terms.  Immediately upon termination, the Software and all copies thereof will be destroyed or returned to HP.  Copies of the Software that are merged into adaptations, except for individual pieces of data in your database, will be removed and destroyed or returned to HP. 

Modification/Decompiling  You will not modify, disassemble, reverse engineer, decompile or create derivative works of the Software.  You will not decrypt the Software unless necessary for legitimate use of Software.

 

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.   sOFTWARE IS not specifically designed, manufactured or intended for use in the planning, construction, maintenance, or direct operation of a nuclear facility, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS.  you are solely liable if SOFTWARE IS used for these applications.  you will indemnify and hold HP harmless from all loss, damage, expense or liability in connection with such use.  In any case, HP’s entire liability under any provision of this License shall be limited to the greater of the amount actually paid by you for the Software or U.S. .00 (five dollars).  Your use of the Software is entirely at your own risk.  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.

 

DISCLAIMER 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, 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 RESULTS 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 OR AMEND THIS “AS IS” 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.

 

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.

 

Government   If you are a U.S. Government customer, you acknowledge that, consistent with FAR 12.211 and 12.212, commercial computer software, computer software documentation and technical data for commercial items are licensed under vendor’s standard commercial license.

 

General Terms

Assignability   You   may not assign any rights or obligations hereunder without prior written consent from HP.

EXPORT   In the event you export, re-export or import technology or technical data provided hereunder, you assume 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 .

Severability   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.

Integration/Precedence  These HP license terms supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Your additional or different terms and conditions will not apply.  These HP license terms may not be changed except by an amendment signed by an authorized representative of each party.

TECHNICAL SUPPORT  HP has no obligation to provide you  with technical support.

AVAILABILITY  HP has no obligation to release beta level or unreleased versions of Software commercially.  HP reserves the right to not release the Software or, even if released, to alter the specifications, capabilities, functions and other characteristics of the Software.

CONFIDENTIALITY  HP regards all information pertaining to the Software to be of a proprietary and confidential nature.  You shall protect the confidentiality of such information until such information becomes public by using the same degree of care, but not less than a reasonable degree of care, to prevent unauthorized use, dissemination or publication of such information as you  use to protect your own confidential information of a like nature.

GOVERNING LAW  The validity of any of the terms of this License, as well as the rights, duties and obligations of the parties under this License, will be governed by the laws of the State of California, USA, without reference to any conflict of laws or choice of law principles in the State of California that might result in the application of the law of another jurisdiction.

 

   Accept

 

 

 

 

   Do Not Accept

 

 

 

 

 

© 2003 Hewlett-Packard Development Company, L.P.

]]>
mcdata_license.pl.hpe
hpscEula_mcdata_license_hpi.pl HEWLETT-PACKARD SOFTWARE LICENSE AGREEMENT

 

 

IMPORTANT: READ CAREFULLY BEFORE USING THIS SOFTWARE.  USE OF THE SOFTWARE IS SUBJECT TO HP’S  LICENSE TERMS SET FORTH BELOW.  IF YOU CLICK “ACCEPT” BELOW, THE FOLLOWING TERMS SHALL APPLY.   YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE IN THE EVENT YOU DO NOT ACCEPT THE TERMS OF THIS LICENSE.

 

SOFTWARE PROGRAM:

VERSION:

 

DEFINITIONS

 

1.         “Software” means HP’s program code, in binary form, which is capable of operating on a controller, processor or other hardware product (“Device”), and related documentation.  Software is either a separate product, included with another product (“Bundled Software”), or fixed in a Device and not removable in normal operation (“Firmware”). 

2.         “Software License” hereinafter referred to as “License” means the Software license grant and general terms set forth herein.

3.         Documentation shall mean explanatory and informational materials for the Software, in printed or electronic form.

4.         “Use” means storing, loading, installing, executing, or displaying Software on a Device.

 

LICENSE GRANT

 

1.         HP grants you a non-exclusive, no charge, license to Use the Software as specified above in conformance with:

a.            The terms set forth herein; and

b.             The terms of the “Data Protector Test Site Agreement”; and

c.             HP’s third-party suppliers’ terms that may accompany the Software.

In the event of a conflict, any third-party suppliers’ terms that accompany the Software will take precedence over the Use restrictions and authorizations specified by HP and the terms set forth herein ONLY IN CONNECTION WITH THE THIRD-PARTY SOFTWARE (SUCH CONFLICTING THIRD-PARTY TERMS, IF ANY, SHALL NOT EXPAND HP’S DUTIES OR POTENTIAL LIABILITY UNDER THIS AGREEMENT); and the Use restrictions and authorizations specified by HP will take precedence over the terms set forth herein.

2.         Unless otherwise specified, HP grants you a license to Use one copy of the Software on one device at any one time.

3.         Software is provided for your internal Use only.  This License shall be effective as of your acceptance of the license terms and conditions as indicated by you clicking the “Accept” button and shall remain in full force and effect until the first to occur of; (a) notice of termination by either party; or (b) the general commercial availability of the released version of the Software which shall not be subject to any prior notice. 

 

4.         You shall not Use Software without first becoming an approved participant under HP’s Data Protector Beta Test Site Program and your Use of the Software shall be in accordance with the purposes permitted under HP’s Beta Test Site Program.

 

5.         THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND THIRD PARTIES, INCLUDING THE OPEN SOURCE COMMUNITY (“ANCILLARY SOFTWARE”).  USE OF THE HP SOFTWARE, THE ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND ANY “ONLINE” OR ELECTRONIC DOCUMENTATION IS CONDITIONED UPON AND LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE “AS IS WARRANTY STATEMENT” AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE AGREEMENTS (“ANCILLARY SOFTWARE LICENSES”).  USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE, EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THE “AS IS WARRANTY STATEMENT” OF THIS AGREEMENT SHALL ALSO APPLY TO SUCH ANCILLARY SOFTWARE.  HP HAS IDENTIFIED 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” FILE.  THE ANCILLARY SOFTWARE LICENSES ARE ALSO SET FORTH IN THE “ANCILLARY.TEXT” 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 FILE.

 

IF AND ONLY IF THE SOFTWARE INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL PUBLIC LICENSE (“GPL SOFTWARE”), YOU MAY OBTAIN A COMPLETE MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE (“GPL SOURCE CODE”) BY DOWNLOAD FROM A SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: WWW.HP.COM.  UPON YOUR WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL, TO YOU.  INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE MAY BE FOUND AT THE FOLLOWING WEBSITE: WWW.HP.COM.     

GENERAL LICENSE TERMS

 

COPYRIGHT:   Software is owned and or copyrighted by HP or by third-party suppliers. This License confers no title or ownership to you or any third party and is not a sale of any rights in the Software. Third-party suppliers may protect and enforce  their rights in their software  in the event of any infringement.

Restrictions  You may not rent, lease, sublicense or otherwise transfer the Software. You may not make the Software available over the Internet or any other publicly accessible network or technology. You may not remove any copyright, trademark, or other proprietary notices from the Software or the media.  Any and all copyright, trademark or other proprietary notices must be reproduced.

Copying  You   may not copy the Software except as expressly provided for herein.  You may copy the Software, as applicable, into the local memory or storage Device of a single computer.  You may not copy the Software on a network server or onto a company or personal intranet.  You may make archival or back-up copies of the Software. 

termination  HP may terminate this License upon notice for failure to comply with any applicable terms.  Immediately upon termination, the Software and all copies thereof will be destroyed or returned to HP.  Copies of the Software that are merged into adaptations, except for individual pieces of data in your database, will be removed and destroyed or returned to HP. 

Modification/Decompiling  You will not modify, disassemble, reverse engineer, decompile or create derivative works of the Software.  You will not decrypt the Software unless necessary for legitimate use of Software.

 

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.   sOFTWARE IS not specifically designed, manufactured or intended for use in the planning, construction, maintenance, or direct operation of a nuclear facility, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS.  you are solely liable if SOFTWARE IS used for these applications.  you will indemnify and hold HP harmless from all loss, damage, expense or liability in connection with such use.  In any case, HP’s entire liability under any provision of this License shall be limited to the greater of the amount actually paid by you for the Software or U.S. .00 (five dollars).  Your use of the Software is entirely at your own risk.  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.

 

DISCLAIMER 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, 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 RESULTS 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 OR AMEND THIS “AS IS” 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.

 

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.

 

Government   If you are a U.S. Government customer, you acknowledge that, consistent with FAR 12.211 and 12.212, commercial computer software, computer software documentation and technical data for commercial items are licensed under vendor’s standard commercial license.

 

General Terms

Assignability   You   may not assign any rights or obligations hereunder without prior written consent from HP.

EXPORT   In the event you export, re-export or import technology or technical data provided hereunder, you assume 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 .

Severability   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.

Integration/Precedence  These HP license terms supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Your additional or different terms and conditions will not apply.  These HP license terms may not be changed except by an amendment signed by an authorized representative of each party.

TECHNICAL SUPPORT  HP has no obligation to provide you  with technical support.

AVAILABILITY  HP has no obligation to release beta level or unreleased versions of Software commercially.  HP reserves the right to not release the Software or, even if released, to alter the specifications, capabilities, functions and other characteristics of the Software.

CONFIDENTIALITY  HP regards all information pertaining to the Software to be of a proprietary and confidential nature.  You shall protect the confidentiality of such information until such information becomes public by using the same degree of care, but not less than a reasonable degree of care, to prevent unauthorized use, dissemination or publication of such information as you  use to protect your own confidential information of a like nature.

GOVERNING LAW  The validity of any of the terms of this License, as well as the rights, duties and obligations of the parties under this License, will be governed by the laws of the State of California, USA, without reference to any conflict of laws or choice of law principles in the State of California that might result in the application of the law of another jurisdiction.

 

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© 2003 Hewlett-Packard Development Company, L.P.

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mcdata_license.pl.hpi
PlannedMaintenance_IncludeProperties #Please refrain from modifying any properties below unless necessary Tdowntime.begin = {DATE: {INCLUDE: Tdowntime.date.begin}} Tdowntime.end = {DATE: {INCLUDE: Tdowntime.date.end}} #Please refrain from modifying any properties above unless necessary #Modify the dates below as per the business requirement
#Date format: MM/DD/YYYY
Tdowntime.date.begin = 10/14/2017 12:00 AM GMT Tdowntime.date.end = 10/15/2017 11:59 PM GMT #done
#token modified on Sep 7 2017 :Scott (per request by Colm)
]]>
include.properties
MyITPlannedMaintenance_IncludeProperties # Please refrain from modifying any properties below unless necessary downtime.it.begin = {DATE: {INCLUDE: downtime.it.date.begin}} downtime.it.end = {DATE: {INCLUDE: downtime.it.date.end}} # Please refrain from modifying any properties above unless necessary # Modify the dates below as per the business requirement
# Date format: MM/DD/YYYY downtime.it.date.begin = 8/3/2017 5:30 AM GMT downtime.it.date.end = 8/3/2017 6:30 AM GMT # done
]]>
include.properties
SA2_Beta_Welcome_IncludeProperties # Please refrain from modifying any properties below unless necessary url.sa2beta = {INCLUDE: url.sa2beta.motd} # Modify the URL below as per the business requirement url.sa2beta.motd=https://beta.support.hpe.com/hpesc/home/profile # done ]]> include.properties SA2_Beta_Forums_IncludeProperties # Please refrain from modifying any properties below unless necessary url.sa2forums = {INCLUDE: url.sa2forums.motd} # Modify the URL below as per the business requirement url.sa2forums.motd=https://community.hpe.com/t5/Your-Questions-Regarding-the-HPE/Try-New-Beta-HPE-Support-Center/m-p/6968629 # done ]]> include.properties MobileAppURL_IncludeProperties
# Please refrain from modifying any properties below unless necessary
# This is for localizing the mobile App URL


hpeGateway.path = {INCLUDE:hpeGateway.countryCode.{INCLUDE:hpeGateway.nonDefaultCountry.{COUNTRY-CODE}}}/{LANGUAGE-CODE}
hpeGateway.countryCode. = {COUNTRY-CODE:lower}
hpeGateway.countryCode.GB = uk
hpeGateway.nonDefaultCountry.GB = GB


#Vajith 7/10/2016 Action: Created

]]>
include.properties
SGI_MOTD_IncludeProperties # Please refrain from modifying any properties below unless necessary url.sgi = {INCLUDE: url.sgi.motd} # Modify the URL below as per the business requirement url.sgi.motd=https://support1-sgi.custhelp.com/ # done ]]> include.properties