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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 or in-country legal entity ("HP") that governs your use of any Software Product, which is either i) installed on or made available by HP for use with your HP Networking ("HP Networking Product") or ii) made available as part of the HP Networking product portfolio for use on a standalone basis ("HP Networking Software 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 Networking Product or HP Networking Software Product.
BY CHECKING THE BOX NEXT TO "I ACCEPT ALL OF THE ABOVE TERMS.", OR BY INSTALLING, COPYING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. 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.
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- TRANSFER.
- Third Party. The initial end user who has purchased the Software Product from HP or an HPauthorized reseller may transfer the Software Product to a bona fide end user. Bona fide end users may make subsequent transfers only to other bona fide end users under the terms of this EULA. Any transfer must include all component parts, Software Product, media, printed materials, this EULA and any additional license terms which apply to the Software Product including Freeware terms, and, if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment, or sale of HP Networking Product through any party who is not an HP-authorized reseller. Transfer of HP Networking Product to or through any party except a bona fide end user voids the HP Networking Product warranty to the extent allowed by law. Transfer of HP Networking Software Product to or through any party except a bona fide end user voids the HP Networking Software Product warranty to the extent allowed by law. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms in writing. Upon transfer of the Software Product, your license is automatically terminated.
- You may not (and may not permit or encourage any third party to): (i) copy, duplicate or otherwise reproduce the Software Product in any manner; (ii) distribute, network, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Software Product (or any copy or component thereof) or any rights thereto to any third party; (iii) remove, alter or obscure any product identification, trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the Software Product; (iv) use the Software Product for time-sharing or service bureau purposes or in any other manner not expressly permitted hereunder; (v) incorporate the Software Product (or any copy or portion thereof) into any of your products; or (vi) modify or disable Software Product licensing mechanisms for any reason.
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- LIMITATION ON REVERSE ENGINEERING. You may not (and may not permit or encourage any third party to): (i) reverse engineer, disassemble or decompile the Software Product, or any part thereof, or otherwise attempt to derive source or modifiable code; or (ii) create any alteration, adaptation, modification, translation, improvement or derivative work of the Software Product. If applicable law permits any of the foregoing notwithstanding such prohibition, you agree to first request in writing that HP provide such information as is necessary to achieve interoperability without modifying or reverse engineering the Software Product. If and only if HP declines your request then, notwithstanding anything to the contrary, you may reverse engineer the Software Product solely to the extent, and for such purposes as, expressly permitted by applicable law.
- 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.
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- DISCLAIMER OF WARRANTIES. HP warrants that HP Networking Software Product will substantially conform to its specifications for a period of ninety (90) days from the date of purchase or lease from HP, or from the date that HP completes installation, whichever is later. HP warrants that Software Product which accompanies an HP Networking Product will substantially conform to its specifications during the hardware Limited Warranty Period of the HP Networking Product. The warranty on any removable media used to distribute Software Product is provided in the applicable warranty statement. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS 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.
- 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. $5.00 or in-country currency equivalent. 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 COST OF COVER, 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.
- 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.
- 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 HP Networking Product or HP Networking 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.
- CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your state/jurisdiction of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
- APPLICABLE LAW. This EULA is governed by the laws of the State of California, U.S.A. or the local laws of the jurisdiction for the HP legal entity licensed to do business in your country of residence.
- ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the HP Networking Product or HP Networking Software 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. You acknowledge that your purchase or use is based on the current configuration of the Software Product, and not in reliance on any roadmap or the disclosure of possible changes in functionality. 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.
Last updated: June 2010
Additional information
For additional information on ProCurve products and services, visit the HP Networking home page.
© Copyright 2009 Hewlett-Packard Development Company, LP. All rights reserved.
The information contained herein is subject to change without notice.