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wschlich 09/01/27 14:04:45 |
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Added: hp-proliant-essentials |
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Log: |
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add hpacucli license |
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Revision Changes Path |
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1.1 licenses/hp-proliant-essentials |
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file : http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/hp-proliant-essentials?rev=1.1&view=markup |
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plain: http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/hp-proliant-essentials?rev=1.1&content-type=text/plain |
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Index: hp-proliant-essentials |
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=================================================================== |
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|
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|
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PROLIANT ESSENTIALS SOFTWARE |
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|
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END USER LICENSE AGREEMENT |
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|
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PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS |
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AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR SINGLE |
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ENTITY) ("YOU") AND HEWLETT-PACKARD COMPANY ("HP"). BY CLICKING THE "AGREE" |
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BUTTON BELOW, COPYING, INSTALLING, OR OTHERWISE USING THE SOFTWARE, |
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(i) YOU DO SO WITH THE INTENT TO ELECTRONICALLY "EXECUTE" THIS AGREEMENT, AND |
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(ii) YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND |
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CONDITIONS, INCLUDING THE WARRANTY STATEMENT, AS WELL AS ANY TERMS AND |
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CONDITIONS CONTAINED IN THE "ANCILLARY SOFTWARE" LIST. |
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|
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IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, |
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(A) IF THIS AGREEMENT IS DISPLAYED ELECTRONICALLY, YOU MAY INDICATE REJECTION |
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OF THIS AGREEMENT BY CLICKING THE "DISAGREE" BUTTON; |
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(B) YOU SHALL NOT INSTALL THE SOFTWARE; AND |
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(C) HP DOES NOT GRANT YOU ANY RIGHTS TO USE THE SOFTWARE. |
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NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE SOFTWARE |
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INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. |
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IF YOU PURCHASED THE SOFTWARE, YOU MAY RETURN THE SOFTWARE TO THE PLACE OF |
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PURCHASE FOR A FULL REFUND. |
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|
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THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING |
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THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE"). USE OF THE HP SOFTWARE, THE |
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ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE "ONLINE" OR |
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ELECTRONIC DOCUMENTATION (COLLECTIVELY THE "PRODUCT") IS CONDITIONED UPON AND |
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LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY |
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STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE |
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AGREEMENTS ("ANCILLARY SOFTWARE LICENSES"). |
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|
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USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE, |
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EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES |
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PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL |
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ALSO APPLY TO SUCH ANCILLARY SOFTWARE. HP HAS IDENTIFIED ANCILLARY SOFTWARE |
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BY EITHER NOTING THE ANCILLARY SOFTWARE PROVIDER"S OWNERSHIP WITHIN EACH |
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ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY PROVIDING LICENSING INFORMATION IN |
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THE "ANCILLARY SOFTWARE" LIST. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS |
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AGREEMENT, YOU ARE ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY |
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SOFTWARE LICENSE IN THE ANCILLARY SOFTWARE LIST. |
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|
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IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL |
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PUBLIC LICENSE ("GPL SOFTWARE"), YOU MAY OBTAIN A COMPLETE MACHINE-READABLE |
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COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A |
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SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: |
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HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML. |
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UPON YOUR WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF |
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DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL, |
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TO YOU. INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE |
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MAY BE FOUND AT THE FOLLOWING WEBSITE: |
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HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML . |
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|
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|
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LICENSE TERMS |
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|
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SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY RIGHTS, |
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LIMITATIONS AND OBLIGATIONS SET FORTH IN THE ANCILLARY SOFTWARE LICENSES: |
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|
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1. LICENSE GRANT |
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|
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a. IF SOFTWARE DOES NOT REQUIRE AN ACTIVATION KEY. If the Software does |
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not require an Activation Key and provided that You comply with all the terms |
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and conditions of this Agreement, HP grants You a non-exclusive, |
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non-transferable (except as provided in Section 16), worldwide (except for the |
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countries referenced in Section 12) license under HP's copyrights, to install, |
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copy on as many computers as you need for your business, use, execute, make |
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archival or backup copies, and display ("Use") the object code version of the |
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Product on the computer(s) on which this Product is installed and in the |
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operating environment as identified by HP in the accompanying materials. |
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|
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b. IF SOFTWARE REQUIRES AN ACTIVATION KEY. If the Software requires an |
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Activation Key, and provided that You comply with all terms and conditions of |
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this Agreement, then depending upon the specific hardware configuration You |
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employ, HP grants You the following license ("License Type") and rights: |
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|
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Authorized Copies. You are licensed to install, make Authorized Copies |
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of (as defined in this section), execute, and display ("Use") the object code |
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version of the Product on an equivalent number of Computers, Host/Client Pairs, |
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Computer Nodes, or Clustered Computers (as defined in the table below) as you |
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have Authorized Copies. Authorized Copies is defined as the number of copies |
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that you have paid for as stated in the invoice or comparable document |
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evidencing an authorized quantity. |
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|
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LICENSE TYPE SOFTWARE INSTALLS TO: LICENSED RIGHTS |
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(hardware configuration) |
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------------------------------------------------------------------------------ |
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Computer A computer You have a right to install |
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and Use the Product on a single |
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computer. The installed copy |
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may not be transferred to or |
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used on any other computer. |
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|
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------------------------------------------------------------------------------ |
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Node/Client A set of computers with a You have a right to install and |
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minimum of one host and one Use the Product on a Host/Client |
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client connected to each Pair or a Single Node. Copies |
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other ("Host/Client Pair"), of the Product installed on a |
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or in certain instances, a Host/Client Pair or Single Node |
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single computer may not be transferred to any |
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("Single Node") other host or client computers |
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or other single nodes. You can |
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continue to Use the Product on |
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licensed clients when a new |
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server is introduced to the |
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licensed clients. |
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|
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------------------------------------------------------------------------------ |
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Cluster More than two computers You have a right to install and |
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physically connected together Use the Product on each |
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in a cluster configuration Clustered Computer. The |
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(each of which is referred to installed copy may not be |
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as "Clustered Computer") transferred to or used on any |
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other computer. |
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|
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|
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Storage. You may copy the Product into the local memory or storage |
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device of the hardware configuration loaded with the Authorized Copies. You may |
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copy the Product onto a reasonable number of network servers or a secure |
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intranet for the sole purpose of distributing the Product to the Computers, |
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Host/Client Pairs, Computer Nodes, or Clustered Computers. You may make |
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archival or back-up copies of the Product. You shall keep the activation key |
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with the hardware configuration to which the activation key is licensed. You |
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should keep copies of the activation key information for future retrieval |
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purposes. |
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|
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2. NEW RELEASES. "New Release" means a release of the Product that may |
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contain fixes, corrections, or minor improvements to the Product. New Releases |
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are distributed from time to time solely at the option of HP. If HP offers a |
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New Release, it may come with its own terms and conditions, however if it does |
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not, You may use the New Release only under the terms and conditions of this |
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Agreement. |
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3. NEW VERSIONS. "New Version" means a version of the Product that may |
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contain significant changes, enhancements, and/or functional improvements to |
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the Product. New Versions are distributed solely at the option of HP. If HP |
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offers a New Version, it may come with its own terms and conditions, however |
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if it does not, You may use the New Version only under the terms and conditions |
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of this Agreement. |
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4. OWNERSHIP. The Product is owned and copyrighted by Hewlett-Packard |
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Development Company, L.P., HP's intellectual property management company, and |
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by third party suppliers, except for the Ancillary Software, which is owned and |
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copyrighted by the Ancillary Software providers indicated in the ANCILLARY |
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SOFTWARE list. Your right to Use the Product confers no title or ownership and |
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is not a sale of the Product or any part thereof. Third party suppliers and |
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Ancillary Software providers are intended beneficiaries under this Agreement |
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and may protect their rights in their respective portions of the Product |
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directly against You. |
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5. TRANSFER. Without the prior written consent of HP, or unless |
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specifically permitted in the Ancillary Software License, You have no right |
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(a) to rent, lease, lend, or otherwise transfer the rights to the Product to |
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anyone else; (b) to Use the Product for commercial timesharing or bureau use; |
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or (c) to copy the Product onto any public or distributed network. |
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6. COPYRIGHT. United States copyright laws, other countries' copyright |
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laws, and international treaty provisions protect the Product. You shall not |
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remove any product identification, copyright notices, or proprietary notices |
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from the Product. |
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7. SUPPORT. Support terms and conditions and contact information are |
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detailed in the Worldwide Limited Warranty and Technical Support for Industry |
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Standard Server Products statement ("Support Statement"), a copy of which is |
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available on the HP web site at www.hp.com. Subject to the terms of the |
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Support Statement, for HP software products installed on HP computers, |
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technical support for questions regarding media and Product installation may |
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be available for a ninety (90) day period from the date of purchase of the HP |
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computer on which this Product is installed ("Support Term"). To access this |
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support in North America, call the HP Technical Support Phone Center at |
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1-800-652-6672. This service is available during normal business hours, |
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Monday through Friday, during the Support Term. Outside North America, call |
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the nearest HP Technical Support Center. No other support, including |
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without limitation any on-site support, is provided under this Agreement. |
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8. LIMITATION ON REVERSE ENGINEERING. Reverse engineering of Ancillary |
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Software shall be governed by its respective Ancillary Software License. As |
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for the remainder of the Product, You shall not modify, disassemble, reverse |
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engineer, decompile, decrypt, or otherwise attempt to access or determine the |
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source code of the Product without HP's prior written consent. Where You have |
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other statutory rights with regard to software, You shall provide HP with |
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reasonably detailed information regarding any intended disassembly or |
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decompilation of the Product prior to performing such disassembly or |
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decompilation. You shall not decrypt the Product unless necessary for the |
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licensed Use of the Product. |
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9. RESERVATION OF RIGHTS. HP, its third party suppliers, and Ancillary |
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Software providers reserve all rights not expressly granted to You in this |
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Agreement. |
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10. TERM AND TERMINATION. You may exercise the rights of this Agreement |
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and of the Ancillary Software Licenses for a period of time starting at Your |
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acceptance of the terms and conditions of this Agreement and for so long as |
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You meet such terms and conditions ("Term"). Notwithstanding the foregoing, |
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HP may terminate Your right to Use the Product, upon notice, for Your failure |
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to comply with any such term or condition. Immediately upon termination, You |
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shall remove, destroy, or return to HP all copies of the Product, including |
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those copies of the Product that are merged into Your adaptations, except for |
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individual pieces of data in Your database. With HP's prior written consent, |
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one copy of the Product may be retained, for archival purposes only, subsequent |
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to termination. You may terminate this Agreement at any time by returning or |
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destroying the Product together with merged portions in any form. |
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11. CONFIDENTIAL COMPUTER SOFTWARE. Valid license from HP required for |
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possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial |
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Computer Software, Computer Software Documentation, and Technical Data for |
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Commercial Items are licensed to the U.S. Government under vendor's standard |
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commercial license. |
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12. COMPLIANCE WITH LAW. The Product and any associated hardware, |
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software, technology or services may not be exported, reexported, transferred |
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or downloaded to persons or entities listed on the U.S. Department of Commerce |
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Denied Persons List, Entity List of proliferation concern, or on any U.S. |
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Treasury Department Designated Nationals exclusion list, any country under |
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U.S. economic embargo, or to parties directly or indirectly involved in the |
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development or production of nuclear, chemical, biological weapons or in |
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missile technology programs as specified in the U.S. Export Administration |
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Regulations (15 CFR 744). By accepting this Agreement You confirm that You |
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are not (i) located in (or a national resident of) any country under U.S. |
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economic embargo, (ii) identified on any U.S. Department of Commerce Denied |
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Persons List, Entity List or Treasury Department Designated Nationals exclusion |
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list, and (iii) directly or indirectly involved in the development or |
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production of nuclear, chemical, biological weapons or in missile technology |
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programs as specified in the U.S. Export Administration Regulations. |
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13. APPLICABLE LAW. This Agreement shall be construed in accordance with |
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the laws of the State of Texas, without regard to conflict of laws principles. |
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The United Nations Convention on Contracts for the International Sale of Goods |
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is specifically disclaimed. If the Product was acquired outside the United |
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States, then local law may apply. |
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14. SEVERABILITY. If any term or provision of this Agreement is determined |
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to be illegal or unenforceable, the validity or enforceability of the remainder |
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of the terms or provisions herein will remain valid and in full force and |
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effect. Failure or delay in enforcing any right or provision of this Agreement |
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shall not be deemed a waiver of such right or provision with respect to any |
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subsequent breach. Provisions herein, which by their nature extend beyond the |
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termination of the license in the Product, will remain in effect until |
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fulfilled. |
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15. CONSENT TO USE OF DATA. You agree that HP may collect and use technical |
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information that You provide in connection with Your Use and request for |
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technical support of the Product from HP, however, HP will not use this |
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information in a form that personally identifies You. |
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16. ASSIGNMENT. You may not assign, sublicense or transfer this Agreement, |
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the Product, or any rights or obligations hereunder without the prior written |
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consent of HP. Any such attempted assignment, sublicense, or transfer will be |
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null and void, and in such event, HP may terminate this Agreement immediately. |
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Notwithstanding the foregoing, You may assign this Agreement and the rights |
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granted hereunder with the transfer of all or substantially all of Your |
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business. The right to assign or transfer Ancillary Software is governed by |
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the terms and conditions of the Ancillary Software Licenses. |
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17. ENTIRE AGREEMENT. This Agreement, including all Ancillary Software |
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Licenses in the ANCILLARY SOFTWARE list, is the final, complete and exclusive |
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agreement between You and HP relating to the Product, and supersedes any |
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previous communications, representations, or agreements between the parties, |
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whether oral or written, regarding the subject matter hereof. Any additional |
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or different terms and conditions not expressly set forth herein will not |
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apply. This Agreement may not be changed except by an amendment signed by an |
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authorized representative of both You and HP. To the extent the terms of any |
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HP policies or programs for support services conflict with the terms of this |
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Agreement, the terms of this Agreement shall control. |
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18. WARRANTY |
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|
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a. NO ACTIVATION KEY REQUIRED SOFTWARE - AS-IS WARRANTY STATEMENT: |
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|
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DISCLAIMER. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS PRODUCT AND |
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SUPPORT SERVICES, IF ANY, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF |
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ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY |
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DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, |
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WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, |
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ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY |
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OR COMPLETENESS OF RESPONSES, RESULTS, OR WORKMANLIKE EFFORT, LACK OF VIRUSES, |
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AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF |
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OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, WITHOUT LIMITATION, |
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THERE IS NO WARRANTY OF QUIET ENJOYMENT, QUIET POSSESSION AND CORRESPONDENCE |
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TO DESCRIPTION WITH REGARD TO THE PRODUCT. YOU ASSUME THE ENTIRE RISK AS TO |
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THE RESULTS AND PERFORMANCE OF THE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR |
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ADVICE GIVEN BY HP, HP"S AUTHORIZED REPRESENTATIVES, OR ANY OTHER PARTY SHALL |
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CREATE A WARRANTY OR AMEND THIS "AS IS" WARRANTY. Some jurisdictions do not |
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allow exclusions of implied warranties or conditions, so the above exclusion |
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may not apply to You to the extent prohibited by such local laws. You may have |
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other rights that vary from country to country, state to state, or province to |
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province. |
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|
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b. ACTIVATION KEY REQUIRED SOFTWARE - LIMITED WARRANTY. |
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|
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HP warrants that the Product will perform substantially in accordance with the |
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accompanying materials for a period of ninety (90) days from the date of |
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purchase. If an implied warranty or condition is created by Your |
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state/jurisdiction and federal or state/provincial law prohibits disclaimer of |
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it, You also have an implied warranty or condition, BUT ONLY AS TO DEFECTS FOR |
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WHICH CLAIMS ARE MADE WITHIN NINETY (90) DAYS FROM THE DATE OF PURCHASE. AS TO |
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ANY DEFECTS DISCOVERED FOR WHICH A CLAIM IS NOT MADE WITHIN THE NINETY-DAY |
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PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. |
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Some states/jurisdictions do not allow limitations on how long an implied |
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warranty or condition lasts, so the above limitation may not apply to You. |
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|
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DISCLAIMER. The Limited Warranty that appears above is the only |
302 |
express warranty made to You and is provided in lieu of any other express |
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warranties or implied warrantees (if any) created by any documentation, |
304 |
packaging or otherwise. EXCEPT FOR THE LIMITED WARRANTY, AND TO THE MAXIMUM |
305 |
EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE PRODUCT |
306 |
AND SUPPORT SERVICES (IF ANY) "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM |
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ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, |
308 |
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR |
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CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, |
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SATISFACTORY QUALITY, NON-INFRINGEMENT OF TITLE, OF ACCURACY OR COMPLETENESS |
311 |
OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF |
312 |
LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISIONS OF OR |
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FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION |
314 |
OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, |
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OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. |
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|
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19. LIMITATION OF LIABILITY. |
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|
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a. FOR ALL SOFTWARE WHETHER OR NOT AN ACTIVATION KEY IS REQUIRED |
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|
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EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL HP OR ITS |
322 |
SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS |
323 |
BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, |
324 |
OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING |
325 |
OUT OF THE USE, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT, |
326 |
WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER |
327 |
OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCT IS NOT |
328 |
DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, |
329 |
MAINTENANCE, OR OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR |
330 |
AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, |
331 |
OR WEAPONS SYSTEMS (COLLECTIVELY "HIGH RISK APPLICATIONS"). YOU ARE SOLELY |
332 |
LIABLE IF THE PRODUCT IS USED FOR HIGH RISK APPLICATIONS, AND YOU SHALL |
333 |
INDEMNIFY, DEFEND AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR |
334 |
LIABILITY IN CONNECTION WITH SUCH USE. YOU ASSUME THE ENTIRE RISK AS TO YOUR |
335 |
USE OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR |
336 |
LIMITATION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE |
337 |
LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY SUCH LOCAL LAWS. |
338 |
|
339 |
b. FOR SOFTWARE REQUIRING AN ACTIVATION KEY |
340 |
|
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Notwithstanding any damages that You might incur for any reason whatsoever |
342 |
(including, without limitation, all damages referenced above and all direct |
343 |
or general damages), the entire liability of HP and any of its suppliers under |
344 |
any provision of this EULA and Your exclusive remedy for all of the foregoing |
345 |
(except for any remedy of repair or replacement if elected by HP with respect |
346 |
to any breach of the Limited Warranty) shall be limited to the greater of the |
347 |
amount actually paid by You for the Product or U.S. $5.00. The foregoing |
348 |
limitations, exclusions and disclaimers (including Warranty above) shall apply |
349 |
to the maximum extent permitted by applicable law, even if any remedy fails of |
350 |
its essential purpose. |
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|
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REV08/51/03 End User License Agreement |