ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP Tru64 UNIX
Version 5.1B-4 Consolidated Patch Kit SOFTWARE LICENSE AGREEMENT
BELOW. YOU MUST REVIEW THE AGREEMENT AND EITHER ACCEPT OR NOT ACCEPT
THE AGREEMENT. IF YOU DO NOT ACCEPT THE AGREEMENT, YOU MAY NOT USE
THE SOFTWARE.
HP IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED ABOVE (THE "SOFTWARE")
INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTATION AND ANY ANCILLARY SOFTWARE
BUNDLED WITH OR EMBEDDED IN THE SOFTWARE (COLLECTIVELY, THE "ANCILLARY
SOFTWARE"), TO YOU SUBJECT TO THE SOFTWARE LICENSE TERMS AND THE APPLICABLE
"LIMITED WARRANTY STATEMENT" PROVIDED WITH THE SOFTWARE.
HP HAS IDENTIFIED ANCILLARY SOFTWARE BY EITHER NOTING THE RELEVANT PARTY'S
OWNERSHIP WITHIN EACH ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY PROVIDING
INFORMATION IN THE "ReleaseNotes.pdf " FILE THAT IS PROVIDED AS PART OF
THE SOFTWARE. YOUR USE OF ANY ANCILLARY SOFTWARE SHALL BE GOVERNED BY THAT
PARTY'S LICENSE AGREEMENT ("ANCILLARY SOFTWARE LICENSE") AND NOT BY THIS
AGREEMENT. THE LICENSES FOR THE ANCILLARY SOFTWARE ARE INCLUDED IN SUCH A
NCILLARY SOFTWARE AND/OR SET FORTH IN THE "ReleaseNotes.pdf " FILE THAT
IS PROVIDED AS PART OF THE SOFTWARE. IF YOU CHOOSE TO ACCEPT THIS
AGREEMENT WITHOUT REVIEWING SUCH ANCILLARY SOFTWARE LICENSES OR OTHER
TERMS, YOU WILL BE DEEMED TO HAVE ACCEPTED SUCH ANCILLARY LICENSES OR
OTHER TERMS.
BY USING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE SOFTWARE LICENSE
TERMS AND THE APPLICABLE WARRANTY STATEMENTS CONTAINED IN OR OTHERWISE
ACCOMPANYING THE SOFTWARE, AS WELL AS THE TERMS AND CONDITIONS ACCOMPANYING
THE ANCILLARY SOFTWARE SET FORTH IN THE ReleaseNotes.pdf FILE. IF YOU DO
NOT ACCEPT SUCH SOFTWARE LICENSE AND WARRANTY STATEMENT TERMS, AS WELL AS
THE TERMS AND CONDITIONS ACCOMPANYING THE ANCILLARY SOFTWARE OR SET FORTH
THE ReleaseNotes.pdf FILE, THEN YOU ARE NOT GRANTED A LICENSE TO THE
SOFTWARE, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE, AND YOU MAY NOT
DOWNLOAD THE SOFTWARE.
NOTICE: This software is licensed, not sold, if you do not agree to
these terms, you may not use the software.
1. DEFINITIONS
a) "Use" means downloading, installing, storing, executing, or displaying
Software on a Device.
b) "Products" means Software, documentation, accessories, supplies, and
upgrades that are determined by HP to be available from HP upon receipt
of Customer's order.
c) "Software License" means the Software license grant and general license
terms set forth herein.
2. LICENSE GRANT
a) Provided that Customer has a valid software license to use HP Tru64
UNIX Version 5.1B-4 (as described below), HP grants Customer a world-wide,
non-exclusive license to Use the object code version of the Software so
long as it is used solely in conformance with:
1) the terms set forth herein; and
2) 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 terms set forth
herein. The terms applicable to this transaction in total are referred t
o as the "Agreement". A valid software license to use HP Tru64 UNIX
Version 5.1B-4 can be purchased separately or through the ownership of
a valid software update license which can be purchased separately or
via an update support agreement which includes license to use, license
subscription, or rights to use new versions of software.
b) All Software Licenses will be perpetual unless terminated or transferred
in accordance with Section 3. g).
c) 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 to 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.
e) HP, or its designee(s), shall, during regular business hours at
Customer's offices and in such a manner that does not interfere with
Customer's normal business activities, have the right to inspect and
audit, or have a third party perform an inspection and audit, the number
of copies of Software Used or distributed by Customer, the computers on
which the Software, if any, is installed and the number of users Using
any such Software. If any audit discloses underpayments of five
percent (5%) or more of the amount of license fees Customer should
have actually paid to HP for the valid software license to use HP
Tru64 UNIX Version 5.1B-4 entitling Customer to Use the Software,
Customer shall bear all of the costs of the audit. HP's audit rights
shall not terminate or expire until three (3) years after termination
or expiration of this Agreement.
3. GENERAL LICENSE TERMS
a) 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 are intended
beneficiaries under this Agreement and may protect their rights in the
Software directly against Customer in the event of any infringement.
b) Unless otherwise permitted in writing by HP, Customer may only make
copies or adaptations of the Software for archival purposes or when
copying or adaptation is an essential step in the authorized Use of
the Software on a backup Device, provided that copies and adaptations
are used in no other manner and provided further that the Use on the
backup Device is discontinued when the original or replacement Device
becomes operable.
c) Customer must reproduce all copyright notices and other proprietary
legends in or on the original Software on all permitted copies or
adaptations. Customer may not copy the Software onto any public or
distributed network.
d) Subject to Section 3.b), above, Bundled Software provided to
Customer may only be used when operating the Device in which the
Bundled Software was installed by HP in configurations as sold or
subsequently upgraded by HP.
e) Updates, upgrades or other enhancements are only available under
HP Support agreements. HP reserves the right to require additional
licenses and fees for Use of the Software on Devices other than the
Devices in which the Bundled Software were installed by HP.
f) Customer will not modify, disassemble or decompile 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.
g) Customer's Software License is transferable only upon 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.
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. Any
transfer of the Software by the Customer in accordance with the
provisions of this Section 3.g) shall not relieve Customer of any
liability for the performance of Customer's obligations under this
Agreement. Customer's right to Use the Software License will
automatically terminate upon transfer.
h) HP may terminate Customer's or any transferee's or sublicensee's
Software License upon notice for failure to comply with any
applicable Agreement 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.
Customer may terminate this Agreement by returning the Software to HP.
i) In the following provision regarding Software Licenses to the U.S.
Government, the term "Customer" means HP's direct purchaser, any entity
or individual sublicensing the Software, and the end-user.
1) If Software is licensed for use in the performance of a U.S
government prime contract or subcontract, Customer agrees that
Software has been developed entirely at private expense. Customer
agrees that Software, and any derivatives or modifications, is
adequately marked when the Restricted Rights Legend below is affixed
to the Software or to its storage media and is perceptible directly
or with the aid of a machine or device. Customer agrees to
conspicuously put the following legend on the Software media with
Customer's name and address added below the notice:
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure is subject to HP standard commercial
license terms and for non-DOD Departments and Agencies of the U.S.
Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)
(Jun 1987).
Hewlett-Packard Company
3000 Hanover Street
Palo Alto, CA 94304 U.S.A.
Copyright (c) 2005 Hewlett-Packard Company. All Rights Reserved
2) Customer further agrees that Software is delivered and
licensed as "Commercial computer software" as defined in
DFARS 252.227-7014(Jun 1995) or as a "commercial item" as
defined in FAR 2.101(a), or as "Restricted computer software"
as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency
regulation or contract clause), whichever is applicable. The
Customer agrees that it has only those rights provided for such
Software by the applicable FAR or DFARS clause or the HP standard
software agreement for the product involved.
4. GENERAL
a) Customer may not assign or transfer this Agreement or any
rights or obligations hereunder without prior written consent
of HP. Any such attempted assignment or transfer will be null
and void. HP may terminate this Agreement in the event of any
such attempted assignment or transfer.
b) Customer agrees and certifies that the Software, HP licensed
Products, technology or technical data obtained hereunder, will
not be exported, re-exported or imported except as authorized
and permitted by the laws and regulations for obtaining required
export and import authorizations. HP may terminate this Agreement
if Customer is in violation of any applicable laws or regulations.
Customer agrees to indemnify and hold HP and its suppliers
harmless from any claims arising from any breach of this Section
by Customer or any of its directors, officers, employees,
subdistributors, customers or any third party to whom Customer
provides access to the Software.
c) Disputes arising in connection with this Agreement will be
governed by the laws of the country and locality in which HP
accepts the order. For orders accepted in the United States,
disputes will be governed by the laws of the state of California.
d) 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. Provisions herein which by their nature extend beyond
the termination of any license of Software will remain in effect
until fulfilled.
e) 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.
f) The waiver or failure of either party to exercise in any respect
any right provided for in the Agreement shall not be deemed a
waiver of any further right under this Agreement.
LIMITED WARRANTY STATEMENT
HP SOFTWARE PRODUCT DURATION OF LIMITED WARRANTY
90 Days {MATCH TO HP WARRANTY CODE}
Scope. The limited warranty is limited to the HP owned software
portion of the HP software product ("Software"). The warranty
for any other software portion of the HP software product
("Ancillary Software"), if any, shall be governed by the warranty
terms provided with the Ancillary Software and to the extent
allowed by local law HP is providing the Ancillary Software
"AS-IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER O
RAL OR WRITTEN, EXPRESS OR IMPLIED, AND 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
WITH RESPECT TO THE ANCILLARY SOFTWARE; THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE ANCILLARY SOFTWARE IS ASSUMED
BY YOU.
Software Limited Warranty. HP warrants to you that the Software
will not fail to execute its programming instructions after the
date of purchase, for the period specified above, due to defects
in material and workmanship when properly installed and used.
If HP receives notice of such defects during the warranty period,
HP will replace Software that does not execute its programming
instructions due to such defects.
HP does not warrant that the operation of Software will be
uninterrupted or error free.
If HP is unable, within a reasonable time, to repair or replace
any product to a condition as warranted, you will be entitled
to a refund of the purchase price upon prompt return of the product.
Exclusions. This limited warranty does not apply to defects
resulting from (a) improper or inadequate maintenance, (b)
unauthorized modification or misuse, or (c) operation outside
of the published environmental specifications for the product
or otherwise in an unclean environment.
Disclaimer. TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE
WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY OR CONDITION,
WHETHER WRITTEN OR ORAL, IS EXPRESSED 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. HP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SOFTWARE WILL MEET YOUR REQUIREMENTS. 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 IN
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. Some jurisdictions
do not allow limitations on the duration of an implied warranty,
so the above limitation or exclusion might not apply to you to t
he extent prohibited by such local laws. This warranty gives you
specific legal rights and you might also have other rights that
vary from country to country, state to state, or province to
province.
Limitation of Liability. TO THE EXTENT ALLOWED BY LOCAL LAW,
THE REMEDIES IN THIS WARRANTY STATEMENT ARE YOUR SOLE AND
EXCLUSIVE REMEDIES. 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 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 AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. 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.
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.
BY PRESSING THE CHARACTER "y" AND USING THE SOFTWARE YOU
INDICATE YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU PRESS
THE CHARACTER "n" AND DO NOT ACCEPT THE AGREEMENT, THEN
YOU ARE NOT GRANTED A LICENSE TO THE SOFTWARE, YOU ARE NOT
AUTHORIZED TO USE THE SOFTWARE, AND YOU MAY NOT DOWNLOAD
THE SOFTWARE. |
Printable version
