
END USER LICENSE AGREEMENT

Please read this End User License Agreement ("Agreement") carefully.  This Agreement is a legal agreement between you (either an individual or single entity, such as one company) ("You") and Hewlett-Packard Company ("HP").  By clicking the "Agree" button below, copying, installing, or otherwise using the software distributed under this Agreement ("Software"), 
(i) You do so with the intent to electronically "execute" this Agreement, and 
(ii) You agree to be bound by and comply with the following terms and conditions, including the warranty statement, as well as any terms and conditions contained in the ("Ancillary Software Licenses") as defined below.

If You do not agree to the terms and conditions of this Agreement, 
(a) You may indicate rejection of this Agreement by clicking the "Disagree" button, 
(b) You shall not install the Software, and (c) You may not use the Software.  If You purchased the Software, You may return the Software to the place of purchase for a full refund.  Notwithstanding the foregoing, installing or otherwise using the Software indicates Your acceptance of the terms and conditions of this Agreement.  

The Software is provided by HP ("HP Software") and by third parties ("Third Party Software"), including the open source community (hereinafter, Third Party Software and open source software is collectively referred to as "Ancillary Software").  You may use a single copy of the HP Software, the Ancillary Software, accompanying printed materials, and the online or electronic documentation (collectively the "Product") only as permitted by the following terms and conditions, including the "As-Is Warranty Statement" and the terms and conditions of the Ancillary Software License Agreements ("Ancillary Software Licenses") provided below.  

From time to time, You may choose to run Third Party Software, such as operating system software and business application software, on HP hardware.  HP respects the lawful copyright rights of others, including those of the Ancillary Software providers.  HP expects You to respect such copyright rights and to comply with the terms and conditions of the Ancillary Software Licenses to the same extent as You are required to respect the rights of HP for HP Software and to comply with the terms and conditions of this Agreement.

Use of Ancillary Software shall be governed by the Ancillary Software Licenses, except that the disclaimer of warranties and limitation of liabilities provisions contained in the "Warranty Statement" of this Agreement shall also apply to such Ancillary Software.  HP Has identified Ancillary Software by either noting the Ancillary Software provider's ownership within each Ancillary Software program file and/or by providing licensing information in the Ancillary Software Licenses.  By accepting the terms and conditions of this Agreement, You are also accepting the terms and conditions of each Ancillary Software Licenses.

If and only if the Product includes software provided by the open source community, such as software licensed under the GNU General Public License ("GPL Software"), then upon Your written request, HP will provide You by mail, for a fee covering the cost of distribution, a machine readable copy of the GPL source code or other open source software source code, as expressly required by the Ancillary Software License.  A form to initiate a written request for such open source software source code and information may be found at the following website:  
http://h18004.www1.hp.com/products/servers/proliantessentials/peinforeq.html.

LICENSE TERMS

SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY RIGHTS, LIMITATIONS AND OBLIGATIONS SET FORTH IN THE ANCILLARY SOFTWARE LICENSES:

1.	DEFINITIONS

"Authorized Copies" means the number of copies that You have paid for as stated in the invoice or comparable document evidencing an authorized number.

"Physical Computer" means a single, physical computer.

"Host/Client Set" means a set of Physical Computers consisting of at least one host Physical Computer (a "Server") and at least one client Physical Computer (a "Client"), connected together via a common computer network, where more than one Client may share the same Server.

"Virtualization Software" means software that (i) allows more than one copy of an operating system software to run simultaneously on the same Physical Computer, (ii) ensures that all copies of the operating system software remain logically independent and isolated from each other, even though they are actually sharing common Physical Computer hardware resources such as processors and memory, and (iii) may enable more than one Virtual Machine to run simultaneously up to a maximum number of Virtual Machines.

"Virtual Machine" means an abstraction of a single computing system made possible by use of Virtualization Software that is running on a host Physical Computer, where one copy of an operating system software  and software application programs may run.

"Physical to Physical Conversion" - means the act of making one copy, as a whole, of a single Physical Computer's operating system software, software application programs, and data files (collectively the "Server Image"), and then installing this Server Image onto a different single HP ProLiant Server, thereby replacing any existing Server Image previously installed on such HP ProLiant Server. 

"Physical to Virtual Conversion" - means the act of making one copy, as a whole, of a single Physical Computer's operating system, software application programs, and data files, and then using Virtualization Software to create a single, new Virtual Machine on the same or a different single Physical Computer to run such copy of the operating system, software application programs, and data files.  

"Virtual to Physical Conversion" - means the act of making one copy of a single Virtual Machine's operating system, software application programs, and data files, and then installing such copy of the operating system, software application programs, and data files onto a single Physical Computer, thereby replacing its existing operating system, software application programs, and data files.

"Virtual to Virtual Conversion" - means the act of making one copy of a single Virtual Machine's operating system, software applications, and data files that are running within Virtualization Software and then installing the copied operating system, software applications, and data files onto a single, newly created Virtual Machine running within a different Virtualization Software.  

"Network Port" - means each physical or wireless connection to a single Physical Computer's local area network communications infrastructure.

2.  LICENSE GRANT

a.	IF SOFTWARE DOES NOT REQUIRE AN ACTIVATION KEY.  If the Product does not require a key to activate the Software ("Activation Key") and provided that You comply with all the terms and conditions of this Agreement, HP grants You a non-exclusive, non-transferable (except as provided in Section 17), and worldwide (except for the countries referenced in the statutes listed in Section 13(i)) license under HP's copyrights related to the HP Software to use, execute, and display the object code version of the Software on a Physical Computer, Host/Client Set, or Virtual Machine and in the operating environment as identified by HP in the materials accompanying the Software, for the period of time identified as the Term in Section 11 of this Agreement.  You may make copies or adaptations of the Software, on a backup server or device, only for archival purposes or when copying or creating an adaptation as an essential step in the authorized use of the Software, provided, however that copies and adaptations are used in no other manner and provided further that the use on the backup server or device is discontinued when the original server or device becomes operable.  You shall not otherwise reproduce or distribute the Software.  HP reserves all rights not expressly granted to You in this Agreement.

b.	IF SOFTWARE REQUIRES AN ACTIVATION KEY.  If the Software requires an Activation Key, and provided that You comply with all terms and conditions of this Agreement, then depending upon the specific hardware configuration You employ, HP grants You the following license and rights:  

License Right for Physical Computers, Host/Client Sets, and Virtual Machines.  HP grants You a non- exclusive, non-transferable (except as provided in Section 17), and worldwide (except for the countries referenced in the statutes listed in Section 13(i)) license under HP's copyrights related to Virtualization Software to use, make Authorized Copies of, execute, and display ("Use") the object code version of an Authorized Copy of the Software on as many Physical Computers, Host/Client Sets, or Virtual Machines as You have Authorized Copies of the Software and as supported (see Section 8 of this Agreement on Support), for the period of time identified as the Term in Section 11 of this Agreement.  You may make copies or adaptations of the Software, on a backup server or device, only for archival purposes or when copying or creating an adaptation as an essential step in the authorized Use of the Software, provided, however that copies and adaptations are used in no other manner and provided further that the Use on the backup server or device is discontinued when the original server or device becomes operable.  You shall not otherwise reproduce or distribute the Software.  HP reserves all rights not expressly granted to You in this Agreement.  The license grant of this section 2.b is conditioned upon You obtaining all licenses for any Third Party Software You use on or with Physical Computers, Hosts/Client Sets, or Virtual Machines.  It is Your responsibility to ensure that You have the proper licenses entitling You to Use Third Party Software on Virtual Machines.  Please see Example One below.  A single Authorized Copy of the Software shall not be used simultaneously on more than one Physical Computer, or Host/Client Set, or Virtual Machine.  

Example One.  If You intend to use the Software on a single host Physical Computer and two Virtual Machines that are also running on the same host Physical Computer, then You must have three (3) Authorized Copies of the Software.  

License Right for Physical to Physical, Physical to Virtual, Virtual to Virtual, and Virtual to Physical Conversions.  HP grants You a non-exclusive, non-transferable (except as provided in Section 17), and worldwide (except for the countries referenced in the statutes listed in Section 13(i)) license under HP's copyrights related to Virtualization Software, to perform one Physical to Physical, or one Physical to Virtual Conversion, or one Virtual to Virtual Conversion, or one Virtual to Physical Conversion per Authorized Copy of the Software on any Physical Computer, Host/Client Set, or Virtual Machine.  It is Your responsibility to ensure that You have the proper licenses entitling You to convert any Third Party Software between Physical Computers and Virtual Machines.  Please see Example Two below.  No Physical to Physical Conversions, Physical to Virtual Conversions, Virtual to Virtual Conversions, or Virtual to Physical Conversions (when referring to more than one type of conversion, they shall hereinafter be cumulatively referred to as "Conversions") may be performed until You have obtained from the provider of the software, including from Third Party Software providers, all the license rights necessary to perform the Conversion.  Upon completion of a Conversion of any type, the Authorized Copy of the Product used for that Conversion is consumed, and there is no longer a right to perform future Conversions with that Authorized Copy.  

Example Two.  If You intend to Use the Software to perform three (3) Physical to Physical Conversions, two (2) Physical to Virtual Conversions, one (1) Virtual to Virtual Conversion, and one (1) Virtual to Physical Conversion, then you must have seven (7) Authorized Copies of the Software, and You must ensure that You are entitled by Your Third Party Software provider to do the Conversions of all Third Party Software. 

License Right for Network Ports.  HP grants You a non-exclusive, non-transferable (except as provided in Section 17), and worldwide (except for the countries referenced in the statutes listed in Section 13(i)) license under HP's copyrights related to Virtualization Software to Use the object code version of a single Authorized Copy of the Software on a single Physical Computer through one of its Network Ports, as supported (see Section 8 of this Agreement on Support).  A single Authorized Copy of the Software may not be used simultaneously on more than one Physical Computer or on more than one Network Port on a single Physical Computer.  Please see Example Three below. 

Example Three.  If You intend to use the Software on one Physical Computer having four (4) Network Ports and on another Physical Computer having eight (8) Network Ports, You must have twelve (12) Authorized Copies of the Software.

No License Transfer.  License rights for Network Ports may not be transferred from one Physical Computer to another Physical Computer without the express written consent of HP.  Except as described below for Moving Virtual Machines, once You Use one of Your Authorized Copies of the Software on a given Physical Computer, or Host/Client Set, or Virtual Machine, the license is not transferable to a different Physical Computer, or Host/Client Set, or Virtual Machine, without the express written consent of HP and Third Party Software providers.

Moving Virtual Machines.  An Authorized Copy of the Software that You Use on a Virtual Machine may be moved in conjunction with the entire move of the Virtual Machine from one host Physical Computer to a different host Physical Computer, and there is no limitation on the number of times You may perform such moves, provided that after the move, there exists only a single Authorized Copy of the Software and You have obtained the express written consent of all Third Party Software providers.  If the act of moving the Virtual Machine results in the creation of a copy of the Virtual Machine running the Authorized Copy, You must ensure the original Virtual Machine is destroyed and no longer useable.

Host/Client Set - New Server Host Physical Computer.  You may continue to Use Authorized Copies of the Software on licensed client Physical Computers after a new server host Physical Computer is introduced to the licensed client Physical Computers.

Storage of Authorized Copies.  You may copy the Software into the local memory or storage device of the hardware configuration loaded with Authorized Copies of the Software.  You may copy the Software onto a reasonable number of network server Physical Computers or a secure intranet for the sole purpose of distributing Authorized Copies of the Software to Physical Computers, Host/Client Sets, or Virtual Machines.  You may make copies or adaptations of the Software, on a backup server or device, only for archival purposes or when copying or creating an adaptation as an essential step in the authorized Use of the Software, provided, however that copies and adaptations are used in no other manner and provided further that the Use on the backup server or device is discontinued when the original server or device becomes operable.  You shall not otherwise reproduce or distribute the Software.  HP reserves all rights not expressly granted to You in this Agreement.  You shall keep the Activation Key with the hardware configuration running the Authorized Copies of the Software.  You should keep copies of the Activation Key information for future reference. 

3.	PRODUCT UPDATE.  "Product Update" means a release of the Product that may contain fixes, corrections, or minor improvements to the Product.  A Product Update is distributed from time to time solely at HP's option.  If HP offers a Product Update, it may come with its own terms and conditions; however if none are provided, You may use the Product Update under the terms and conditions of this Agreement only if You have complied with the terms and conditions of this Agreement at the time of use.  

4.	PRODUCT UPGRADE.  "Product Upgrade" means a release of the Product that may contain significant changes, enhancements, and/or substantial functional additions or improvements to the Product.  A Product Upgrade is distributed solely at HP's option, and HP at its discretion may require You to purchase a new license for the Product Upgrade.  If HP offers a Product Upgrade, it may come with its own terms and conditions, however if none are provided, You may use the Product Upgrade under the terms and conditions of this Agreement only if You have complied with the terms and conditions of this Agreement at the time of use.  

5.	OWNERSHIP.  The Product is owned by Hewlett-Packard Development Company, L.P., HP's intellectual property management company, except for Third Party Sofware, which is owned by third party suppliers and except for open source software, which is owned by the open source software providers as indicated in the Ancillary Software list.  Your right to Use an Authorized Copy of the Product confers no title or ownership and is not a sale of the Product, the Authorized Copy, or any part thereof.  Third party suppliers and Ancillary Software providers are intended beneficiaries under this Agreement and may protect their rights in their respective portions of the Product directly against You.

6.	TRANSFER. Without the prior written consent of HP, or unless specifically permitted in the Ancillary Software License, and subject to payment of any applicable fees, You have no right (a) to rent, lease, lend, or otherwise transfer the rights granted to You under this Agreement to anyone else; (b) to Use an Authorized Copy of the Product for commercial timesharing or bureau use; or (c) to copy the Product onto any public or distributed network.

7.	COPYRIGHT.  United States copyright laws, other countries' copyright laws, and international treaty provisions protect the Product and its Authorized Copies.  You shall not remove any product identification, copyright notices, or proprietary notices from the Product or its Authorized Copies.

8.	SUPPORT.  Support terms and conditions and contact information are detailed in the Worldwide Limited Warranty and Technical Support for Industry Standard Server Products statement ("Support Statement"), a copy of which is available on the HP web site at www.hp.com.  Subject to the terms of the Support Statement, technical support for the Product and its media is provided for a ninety (90) day period from the date of purchase of the HP Physical Computer on which an Authorized Copy of the Software is installed ("Support Term").  To access technical support in North America, call the HP Technical Support Phone Center at 1-800-474-6836.  This service is available during normal business hours, Monday through Friday, during the Support Term.  Outside North America, call the nearest HP Technical Support Center.  No other support, including, without limitation, any on-site support, is provided under this Agreement.  Products that are used on unsupported Physical Computers, as specified in the Support Statement and identified in Product information pages on the HP website, shall not be supported by HP.

9.	LIMITATION ON REVERSE ENGINEERING.  You shall not modify, disassemble, reverse engineer, decompile, decrypt, or otherwise attempt to access or determine the source code of the HP Software without HP's prior written consent.  You shall not modify, disassemble, reverse engineer, decompile, decrypt, or otherwise attempt to access or determine the source code of the Third Party Software without the third party supplier's prior written consent, unless expressly permitted by such software's Ancillary Software License.  Where You have statutory rights with regard to software, which are in contradiction of this Section 9, You shall provide HP with reasonably detailed written information regarding any intended disassembly or decompilation of the Software prior to performing such disassembly or decompilation.  

10.	RESERVATION OF RIGHTS.  HP, its third party suppliers and Ancillary Software providers reserve all rights not expressly granted to You in this Agreement.

11. TERM AND TERMINATION.  You may exercise the rights granted You under this Agreement and under the Ancillary Software Licenses for a period of time starting at Your acceptance of the terms and conditions of this Agreement and for so long as You meet such terms and conditions ("Term").  Notwithstanding the foregoing, HP may terminate Your right to Use the Product, upon notice, for Your failure to comply with any such term or condition.  Immediately upon termination, You shall remove from servers on which installed, destroy, or deliver to HP all copies of the Product, including those copies of the Software that are merged into Your adaptations, except for individual pieces of data in Your database.  You may terminate this Agreement at any time by delivering to HP or removing from servers on which installed or destroying the Product together with merged portions in any form.

12.  CONFIDENTIAL COMPUTER SOFTWARE.  A valid license from HP is required for possession, use, or copying.  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.

13.	COMPLIANCE WITH LAW.  The Product and any associated hardware, software, technology or services may not be exported, reexported, transferred or downloaded to persons or entities listed on the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or on any U.S. Treasury Department Designated Nationals exclusion list, any country under U.S. economic embargo, or to parties directly or indirectly involved in the development or production of nuclear, chemical, biological weapons, or missile technology as specified in the U.S. Export Administration Regulations (15 CFR 744).  By accepting this Agreement You confirm that You are not (i) located in (or a national resident of) any country under U.S. economic embargo, (ii) identified on any U.S. Department of Commerce Denied Persons List, Entity List or Treasury Department Designated Nationals exclusion list, and (iii) directly or indirectly involved in the development or production of nuclear, chemical, biological weapons, or missile technology as specified in the U.S. Export Administration Regulations.

14.  APPLICABLE LAW. This Agreement shall be construed in accordance with the laws of the State of New York without regard to conflict of laws principles.  The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.  If the Product was acquired outside the United States, then local law may apply.  

15.  SEVERABILITY.  If any term or provision of this Agreement is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain valid and in full force and effect.  Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such right or provision with respect to any subsequent breach.  Provisions herein, which by their nature extend beyond the termination of the license in the Product, will remain in effect until fulfilled. 

16.  CONSENT TO USE OF DATA.  You agree that HP may collect and use technical information that You provide in connection with Your Use and request for technical support of the Product from HP, however, HP will not use this information in a form that personally identifies You.

17.  ASSIGNMENT.  You may not assign, sublicense or transfer this Agreement, the Product, any Authorized Copy, or any rights or obligations hereunder without the prior written consent of HP.  Any such attempted assignment, sublicense, or transfer will be null and void, and in such event, HP may terminate this Agreement immediately.  If, however, up to the date of assignment, you have complied with all of the terms and conditions of this Agreement, including obtaining the proper licenses entitling You to Use Third Party Software as required by Section 2.b of this Agreement, subject to payment of any applicable fees ,You may assign this Agreement and the rights granted hereunder except for the Ancillary Software Licenses, which have their own terms and conditions of assignment with the transfer of all or substantially all of Your business, but only to a transferee who agrees to comply with all of the terms and conditions of this Agreement.  The right to assign or transfer Ancillary Software is governed by the terms and conditions of the Ancillary Software Licenses.    Information concerning HP's software license transfer process may be found at the following website:  
http://www.hp.com/products1/evolution/software/index.html?jumpid=reg_R1002_USEN.  

18.  ENTIRE AGREEMENT.  This Agreement, including all Ancillary Software Licenses in the Ancillary Software list, is the final, complete and exclusive agreement between You and HP relating to the Product, and supersedes any previous communications, representations, or agreements between the parties, whether oral or written, regarding the subject matter hereof.  Any additional or different terms and conditions not expressly set forth herein will not apply.  This Agreement may not be changed except by an amendment signed by You or Your authorized representative, and HP.  To the extent the terms of any HP policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control.  

19.  WARRANTY

a.	NO ACTIVATION KEY REQUIRED SOFTWARE - AS-IS WARRANTY STATEMENT:

DISCLAIMER.  TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS PRODUCT AND SUPPORT SERVICES, IF ANY, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.  HP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, OR WORKMANLIKE EFFORT, LACK OF VIRUSES, AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.  IN ADDITION, WITHOUT LIMITATION, THERE IS NO WARRANTY OF QUIET ENJOYMENT, QUIET POSSESSION AND CORRESPONDENCE TO DESCRIPTION WITH REGARD TO THE PRODUCT.  YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HP, HP'S AUTHORIZED REPRESENTATIVES, OR ANY OTHER PARTY SHALL CREATE A WARRANTY OR AMEND THIS "AS IS" WARRANTY.  Some jurisdictions do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply to You to the extent prohibited by such local laws.  You may have other rights that vary from country to country, state to state, or province to province.

     b.  	ACTIVATION KEY REQUIRED SOFTWARE - LIMITED WARRANTY.  

HP warrants that the Product will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of purchase.  If an implied warranty or condition is created by Your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, You also have an implied warranty or condition, BUT ONLY AS TO DEFECTS FOR WHICH CLAIMS ARE MADE WITHIN NINETY (90) DAYS FROM THE DATE OF PURCHASE.  AS TO ANY DEFECTS DISCOVERED FOR WHICH A CLAIM IS NOT MADE WITHIN THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.  Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to You.

DISCLAIMER.  The Limited Warranty that appears above is the only express warranty made to You and is provided in lieu of any other express warranties or implied warranties (if any) created by any documentation, packaging or otherwise.  EXCEPT FOR THE LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP 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 IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT OF TITLE, 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 PROVISIONS 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.


20.  WARRANTY OF AUTHORIZATION

a.	You warrant that You have obtained the license rights from the provider, including Third Party Software providers, for any and all software that undergoes the Conversion into the Physical Computer, Host/Client Set or Virtual Machine.
    
21.  LIMITATION OF LIABILITY.

a.	FOR ALL SOFTWARE WHETHER OR NOT AN ACTIVATION KEY IS REQUIRED

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 DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING OUT OF THE USE, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, OR OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS (COLLECTIVELY "HIGH RISK APPLICATIONS").  YOU ARE SOLELY LIABLE IF THE PRODUCT IS USED FOR HIGH RISK APPLICATIONS, AND YOU SHALL INDEMNIFY, DEFEND AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR LIABILITY IN CONNECTION WITH SUCH USE.  YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE PRODUCT.  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.

     b.	FOR SOFTWARE REQUIRING AN ACTIVATION KEY  

Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), 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 (except for any remedy of repair or replacement if elected by HP with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by You for the Product or $5.00 U.S.  The foregoing limitations, exclusions and disclaimers (including Warranty above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.  

Ancillary Software Copyrights and Licenses

This Product includes open source and proprietary software developed or obtained through the third parties.  More specifically, the developed or obtained code consists of the licensed Ancillary Software listed below.  Installation, copying or otherwise using the Product (as defined in the End-User License Agreement) constitutes acceptance of the Ancillary Software license terms, whether or not such terms are reviewed.  

HP Mouse (derived from package named "EV Dev")

Copyright statements:

Copyright (c) 2006  Hewlett-Packard Development Company, L.P. 

Copyright (c) 2005  I.D.E.A.L. Technology Corporation

Copyright (c) 1998  Metro Link Incorporated

Copyright (c) 1999-2000 Vojtech Pavlik

 

Upstream Author(s): Anthony L. Awtrey, Metro Link Incorporated,

Vojtech Pavlik

 
License:


Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL

THE X CONSORTIUM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,

WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF

OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE

SOFTWARE.

 
Except as contained in this notice, the name of the Metro Link shall not be

used in advertising or otherwise to promote the sale, use or other dealings

in this Software without prior written authorization from Metro Link.

                           

	HP Mouse EULA
			Page 8 of 8
