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END-USER LICENSE AGREEMENT
License for Compaq "Value Added" Software
PLEASE READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you or your company ("Licensee") and Compaq Computer Corporation ("Compaq") for the Compaq "Value-Added" Software product, which includes computer software and may include associated electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL THE PRODUCT.
1. PURPOSE. Compaq provides the Product as an operational tool for use on the computer(s) on which Licensee initially installs the Product.
2. GRANT OF LICENSE. Compaq grants to Licensee the following rights provided Licensee complies with all terms and conditions of this EULA:
a. Installation. Licensee may use the Product on an unlimited number of
computer(s) for the duration of this EULA.
b. Use. Licensee shall have the limited right to use the Product in the
operating environment identified by Compaq solely for Licensee�s own
internal business needs. Licensee may not sublicense, assign, or transfer
the license or the Product except as expressly provided in this EULA.
Any attempt to otherwise sublicense, assign, or transfer any of the
rights, duties, or obligations hereunder is null and void.
c. Reservation of Rights. Compaq reserves all rights not expressly granted
to Licensee in this EULA.
d. Ancillary Software. Notwithstanding the terms and conditions of this
EULA, all or any portion of the Product which constitutes non-proprietary
Compaq software or software provided under public license by third parties ("Ancillary Software"), is licensed to Licensee subject to the terms and
conditions of the software license agreement accompanying such Ancillary
Software whether in the form of a discrete agreement, shrink wrap license
or electronic license terms accepted at time of download. Use of the
Ancillary Software by Licensee shall be governed entirely by the terms
and conditions of such license.
3. NEW RELEASE. "New Release" means amendments, but not fixes or other corrections, and minor improvements, to the licensed Product that Compaq may issue from time to time. Compaq shall provide New Releases to Licensee without charge unless specified otherwise or unless Licensee orders the New Release as a specific work for hire at Compaq�s then current rate. To use a Product identified as a New Release, Licensee must first be licensed for the original Product and be identified by Compaq as eligible for the New Release. After applying and/or installing the New Release, Licensee may no longer use the original Product that formed the basis for Licensee�s New Release eligibility.
4. NEW VERSION. "New Version" means significant changes, enhancements, and/or functional improvements of the licensed Product. New Versions are made and generally distributed solely at the option of Compaq, in which case Compaq will offer to Licensee those New Versions, on terms and conditions stated herein and/or comparable to the terms offered to other licensees.
5. LICENSE APPLICABILITY. This EULA applies to New Releases or New Versions to the original Product provided by Compaq unless Compaq provides other terms along with the New Release or New Version.
6. SUPPORT. Support for the Product will be provided in accordance with the terms and conditions of the support provided for the computer upon which the Product is installed. No other support is provided under this license.
7. TRANSFER.
a. Distribution.. Licensee agrees to use Licensee's best efforts to prevent
any unauthorized distribution of Product.
b. No Rental. Licensee may not rent, lease or lend the Product or use the
Product for commercial timesharing or bureau use.
8. COPYRIGHT.
a. All intellectual property rights in the Product and user documentation are
owned by Compaq or its suppliers and are protected by United States
copyright laws, other applicable copyright laws and international treaty
provisions. Licensee shall not remove any product identification,
copyright notices or proprietary restrictions from the Product. Compaq
and its suppliers retain all rights not expressly granted herein.
b. The following copyright notice appears in the documentation of this
Product in various places in electronic and hardcopy form: "� 2001 Compaq
Information Technologies Group, L.P.". This Section 8b serves as your
notice of Compaq�s copyright throughout the documentation as required
by applicable law.
9. LIMITATION ON REVERSE ENGINEERING. Licensee may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is permitted by applicable law notwithstanding this limitation.
10. TERM. This EULA is effective unless rejected or terminated. Licensee may reject or terminate it at any time by destroying the Products together with all copies, modifications, and merged portions in any form. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if Licensee fails to comply with any term or condition of this EULA. Licensee agrees upon such termination to destroy the Product together with all copies, modifications, and merged portions in any form.
11. CONSENT TO USE OF DATA. Licensee agrees that Compaq and its affiliates may collect and use technical information Licensee provides as part of support services related to the Product. Compaq agrees not to use this information in a form that personally identifies Licensee.
12. DISCLAIMER OF WARRANTIES. Compaq and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPAQ 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, FOR FAILURE TO MEET ANY DUTY INCLUDING DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF COMPAQ OR ANY SUPPLIER, AND EVEN IF COMPAQ OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. NO LIABILITY. Licensee acknowledges that neither Compaq nor any of its suppliers incur any liability for any reason whatsoever under any provision of this EULA due to the Product being offered as a "value-add" to the Licensee.
15. U.S. GOVERNMENT RIGHTS. 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 vendor's standard commercial license.
16. COMPLIANCE WITH LAW. Licensee shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that the 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.
17. APPLICABLE LAW. This EULA is governed by the laws of the State of Texas. If this Product was acquired outside the United States, then local law may apply.
18. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) is the entire agreement between Licensee and Compaq relating to the Product and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Compaq policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
October, 2001 v1.0
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