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HPE End User License Agreement – Enterprise Version
1. Applicability. This end user license agreement (the "Agreement") governs
the use of accompanying software, unless it is subject to a separate
agreement between you and Hewlett Packard Enterprise Company and its
subsidiaries (“HPE”). By downloading, copying, or using the software you
agree to this Agreement. HPE provides translations of this Agreement in
certain languages other than English, which may be found at:
http://www.hpe.com/software/SWLicensing.
2. Terms. This Agreement includes supporting material accompanying the
software or referenced by HPE, which may be software license
information, additional license authorizations, software specifications,
published warranties, supplier terms, open source software licenses and
similar content ("Supporting Material"). Additional license
authorizations are at: http://www.hpe.com/software/SWLicensing.
3. Authorization. If you agree to this Agreement on behalf of another
person or entity, you warrant you have authority to do so.
4. Consumer Rights. If you obtained software as a consumer, nothing in this
Agreement affects your statutory rights.
5. Electronic Delivery. HPE may elect to deliver software and related
software product or license information by electronic transmission or
download.
6. License Grant. If you abide by this Agreement, HPE grants you a
non-exclusive non-transferable license to use one copy of the version or
release of the accompanying software for your internal purposes only,
and is subject to any specific software licensing information that is in
the software product or its Supporting Material.
Your use is subject to the following restrictions, unless specifically
allowed in Supporting Material:
* You may not use software to provide services to third parties.
* You may not make copies and distribute, resell or sublicense software
to third parties.
* You may not download and use patches, enhancements, bug fixes, or
similar updates unless you have a license to the underlying software.
However, such license doesn't automatically give you a right to receive
such updates and HPE reserves the right to make such updates only
available to customers with support contracts.
* You may not copy software or make it available on a public or external
distributed network.
* You may not allow access on an intranet unless it is restricted to
authorized users.
* You may make one copy of the software for archival purposes or when it
is an essential step in authorized use.
* You may not modify, reverse engineer, disassemble, decrypt, decompile
or make derivative works of software. If you have a mandatory right to
do so under statute, you must inform HPE in writing about such
modifications.
7. Remote Monitoring. Some software may require keys or other technical
protection measures and HPE may monitor your compliance with the
Agreement, remotely or otherwise. If HPE makes a license management
program for recording and reporting license usage information, you will
use such program no later than 180 days from the date it's made
available.
8. Ownership. No transfer of ownership of any intellectual property will
occur under this Agreement.
9. Copyright Notices. You must reproduce copyright notices on software and
documentation for authorized copies.
10. Operating Systems. Operating system software may only be used on
approved hardware and configurations.
11. 90-day Limited Warranty for HPE Software.
* HPE-branded software materially conforms to its specifications, if any,
and is free of malware at the time of delivery; if you notify HPE
within 90 days of delivery of non-conformance to this warranty, HPE
will replace your copy. This Agreement states all remedies for warranty
claims.
* HPE does not warrant that the operation of software will be
uninterrupted or error free, or that software will operate in hardware
and software combinations other than as authorized by HPE in Supporting
Material. To the extent permitted by law, HPE disclaims all other
warranties.
12. Intellectual Property Rights Infringement. HPE will defend and/or
settle any claims against you that allege that HPE-branded software as
supplied under this Agreement infringes the intellectual property
rights of a third party. HPE will rely on your prompt notification of
the claim and cooperation with our defense. HPE may modify the software
so as to be non-infringing and materially equivalent, or we may procure
a license. If these options are not available, we will refund to you
the amount paid for the affected product in the first year or the
depreciated value thereafter. HPE is not responsible for claims
resulting from any unauthorized use of the software.
13. Limitation of Liability. HPE's liability to you under this Agreement is
limited to the amount actually paid by you to HPE for the relevant
software, except for amounts in Section 12 ("Intellectual Property
Rights Infringement"). Neither you nor HPE will be liable for lost
revenues or profits, downtime costs, loss or damage to data or
indirect, special or consequential costs or damages. This provision
does not limit either party's liability for: unauthorized use of
intellectual property, death or bodily injury caused by their
negligence; acts of fraud; willful repudiation of the Agreement; or any
liability that may not be excluded or limited by applicable law.
14. Termination. This Agreement is effective until terminated or in the
case of a limited-term license, upon expiration; however, your rights
under this Agreement terminate if you fail to comply with it.
Immediately upon termination or expiration, you will destroy the
software and documentation and any copies, or return them to HPE. You
may keep one copy of software and documentation for archival purposes.
We may ask you to certify in writing you have complied with this
section. Warranty disclaimers, the limitation of liability, this
section on termination, and Section 15 ("General") will survive
termination.
15. General.
a. Assignment. You may not assign this Agreement without prior written
consent of HPE, payment of transfer fees and compliance with HPE's
software license transfer policies. Authorized assignments will
terminate your license to the software and you must deliver software
and documentation and copies thereof to the assignee. The assignee
will agree in writing to this Agreement. You may only transfer
firmware if you transfer associated hardware.
b. U.S. Government. If the software is licensed to you 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 HPE's standard commercial license.
c. Global Trade Compliance. You agree to comply with the trade-related
laws and regulations of the U.S. and other national governments. If
you export, import or otherwise transfer products provided under this
Agreement, you will be responsible for obtaining any required export
or import authorizations. You confirm that you are not located in a
country that is subject to trade control sanctions (currently Cuba,
Iran, N. Korea, N. Sudan, and Syria) and further agree that you will
not retransfer the products to any such country. HPE may suspend its
performance under this Agreement to the extent required by laws
applicable to either party.
d. Audit. HPE may audit you for compliance with the software license
terms. Upon reasonable notice, HPE may conduct an audit during normal
business hours (with the auditor's costs being at HPE's expense). If
an audit reveals underpayments then you will pay to HPE such
underpayments. If underpayments discovered exceed five (5) percent,
you will reimburse HPE for the auditor costs.
e. Open Source Components. To the extent the Supporting Material includes
open source licenses, such licenses shall control over this Agreement
with respect to the particular open source component. To the extent
Supporting Material includes the GNU General Public License or the
GNU Lesser General Public License: (a) the software includes a copy of
the source code; or (b) if you downloaded the software from a website,
a copy of the source code is available on the same website; or (c) if
you send HPE written notice, HPE will send you a copy of the source
code for a reasonable fee.
f. Notices. Written notices under this Agreement may be provided to HPE
via the method provided in the Supporting Material.
g. Governing Law. This Agreement will be governed by the laws of the
state of California, U.S.A., excluding rules as to choice and conflict
of law. You and HPE agree that the United Nations Convention on
Contracts for the International Sale of Goods will not apply.
h. Force Majeure. Neither party will be liable for performance delays nor
for non-performance due to causes beyond its reasonable control,
except for payment obligations.
i. Entire Agreement. This Agreement represents our entire understanding
with respect to its subject matter and supersedes any previous
communication or agreements that may exist. Modifications to the
Agreement will be made only through a written amendment signed by both
parties. If HPE doesn't exercise its rights under this Agreement, such
delay is not a waiver of its rights.
16. Australian Consumers. If you acquired the software as a consumer within
the meaning of the 'Australian Consumer Law' under the Australian
Competition and Consumer Act 2010 (Cth) then despite any other
provision of this Agreement, the terms at this URL apply:
http://www.hpe.com/software/SWLicensing.
17. Russian Consumers. If you are based in the Russian Federation and the
rights to use the software are provided to you under a separate license
and/or sublicense agreement concluded between you and a duly authorized
HPE partner, then this Agreement shall not be applicable.
HPE End User License Agreement – Enterprise Version
5012-3777 v1.5, 2016
© Copyright 2015 Hewlett Packard Enterprise Development LP
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