339 lines
20 KiB
Plaintext
339 lines
20 KiB
Plaintext
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PROLIANT ESSENTIALS SOFTWARE
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END USER LICENSE AGREEMENT
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PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS
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AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR SINGLE
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ENTITY) ("YOU") AND HEWLETT-PACKARD COMPANY ("HP"). BY CLICKING THE "AGREE"
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BUTTON BELOW, COPYING, INSTALLING, OR OTHERWISE USING THE SOFTWARE,
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(i) YOU DO SO WITH THE INTENT TO ELECTRONICALLY "EXECUTE" THIS AGREEMENT, AND
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(ii) YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND
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CONDITIONS, INCLUDING THE WARRANTY STATEMENT, AS WELL AS ANY TERMS AND
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CONDITIONS CONTAINED IN THE "ANCILLARY SOFTWARE" LIST.
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IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
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(A) IF THIS AGREEMENT IS DISPLAYED ELECTRONICALLY, YOU MAY INDICATE REJECTION
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OF THIS AGREEMENT BY CLICKING THE "DISAGREE" BUTTON;
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(B) YOU SHALL NOT INSTALL THE SOFTWARE; AND
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(C) HP DOES NOT GRANT YOU ANY RIGHTS TO USE THE SOFTWARE.
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NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE SOFTWARE
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INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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IF YOU PURCHASED THE SOFTWARE, YOU MAY RETURN THE SOFTWARE TO THE PLACE OF
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PURCHASE FOR A FULL REFUND.
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THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING
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THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE"). USE OF THE HP SOFTWARE, THE
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ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE "ONLINE" OR
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ELECTRONIC DOCUMENTATION (COLLECTIVELY THE "PRODUCT") IS CONDITIONED UPON AND
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LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY
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STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE
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AGREEMENTS ("ANCILLARY SOFTWARE LICENSES").
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USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE,
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EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
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PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL
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ALSO APPLY TO SUCH ANCILLARY SOFTWARE. HP HAS IDENTIFIED ANCILLARY SOFTWARE
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BY EITHER NOTING THE ANCILLARY SOFTWARE PROVIDER"S OWNERSHIP WITHIN EACH
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ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY PROVIDING LICENSING INFORMATION IN
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THE "ANCILLARY SOFTWARE" LIST. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS
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AGREEMENT, YOU ARE ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY
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SOFTWARE LICENSE IN THE ANCILLARY SOFTWARE LIST.
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IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL
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PUBLIC LICENSE ("GPL SOFTWARE"), YOU MAY OBTAIN A COMPLETE MACHINE-READABLE
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COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A
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SITE SPECIFIED IN THE FOLLOWING HP WEBSITE:
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HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML.
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UPON YOUR WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF
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DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL,
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TO YOU. INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE
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MAY BE FOUND AT THE FOLLOWING WEBSITE:
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HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML .
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LICENSE TERMS
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SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY RIGHTS,
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LIMITATIONS AND OBLIGATIONS SET FORTH IN THE ANCILLARY SOFTWARE LICENSES:
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1. LICENSE GRANT
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a. IF SOFTWARE DOES NOT REQUIRE AN ACTIVATION KEY. If the Software does
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not require an Activation Key and provided that You comply with all the terms
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and conditions of this Agreement, HP grants You a non-exclusive,
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non-transferable (except as provided in Section 16), worldwide (except for the
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countries referenced in Section 12) license under HP's copyrights, to install,
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copy on as many computers as you need for your business, use, execute, make
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archival or backup copies, and display ("Use") the object code version of the
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Product on the computer(s) on which this Product is installed and in the
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operating environment as identified by HP in the accompanying materials.
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b. IF SOFTWARE REQUIRES AN ACTIVATION KEY. If the Software requires an
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Activation Key, and provided that You comply with all terms and conditions of
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this Agreement, then depending upon the specific hardware configuration You
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employ, HP grants You the following license ("License Type") and rights:
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Authorized Copies. You are licensed to install, make Authorized Copies
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of (as defined in this section), execute, and display ("Use") the object code
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version of the Product on an equivalent number of Computers, Host/Client Pairs,
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Computer Nodes, or Clustered Computers (as defined in the table below) as you
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have Authorized Copies. Authorized Copies is defined as the number of copies
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that you have paid for as stated in the invoice or comparable document
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evidencing an authorized quantity.
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LICENSE TYPE SOFTWARE INSTALLS TO: LICENSED RIGHTS
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(hardware configuration)
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------------------------------------------------------------------------------
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Computer A computer You have a right to install
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and Use the Product on a single
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computer. The installed copy
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may not be transferred to or
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used on any other computer.
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------------------------------------------------------------------------------
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Node/Client A set of computers with a You have a right to install and
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minimum of one host and one Use the Product on a Host/Client
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client connected to each Pair or a Single Node. Copies
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other ("Host/Client Pair"), of the Product installed on a
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or in certain instances, a Host/Client Pair or Single Node
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single computer may not be transferred to any
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("Single Node") other host or client computers
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or other single nodes. You can
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continue to Use the Product on
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licensed clients when a new
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server is introduced to the
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licensed clients.
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------------------------------------------------------------------------------
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Cluster More than two computers You have a right to install and
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physically connected together Use the Product on each
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in a cluster configuration Clustered Computer. The
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(each of which is referred to installed copy may not be
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as "Clustered Computer") transferred to or used on any
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other computer.
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Storage. You may copy the Product into the local memory or storage
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device of the hardware configuration loaded with the Authorized Copies. You may
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copy the Product onto a reasonable number of network servers or a secure
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intranet for the sole purpose of distributing the Product to the Computers,
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Host/Client Pairs, Computer Nodes, or Clustered Computers. You may make
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archival or back-up copies of the Product. You shall keep the activation key
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with the hardware configuration to which the activation key is licensed. You
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should keep copies of the activation key information for future retrieval
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purposes.
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2. NEW RELEASES. "New Release" means a release of the Product that may
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contain fixes, corrections, or minor improvements to the Product. New Releases
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are distributed from time to time solely at the option of HP. If HP offers a
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New Release, it may come with its own terms and conditions, however if it does
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not, You may use the New Release only under the terms and conditions of this
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Agreement.
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3. NEW VERSIONS. "New Version" means a version of the Product that may
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contain significant changes, enhancements, and/or functional improvements to
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the Product. New Versions are distributed solely at the option of HP. If HP
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offers a New Version, it may come with its own terms and conditions, however
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if it does not, You may use the New Version only under the terms and conditions
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of this Agreement.
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4. OWNERSHIP. The Product is owned and copyrighted by Hewlett-Packard
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Development Company, L.P., HP's intellectual property management company, and
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by third party suppliers, except for the Ancillary Software, which is owned and
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copyrighted by the Ancillary Software providers indicated in the ANCILLARY
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SOFTWARE list. Your right to Use the Product confers no title or ownership and
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is not a sale of the Product or any part thereof. Third party suppliers and
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Ancillary Software providers are intended beneficiaries under this Agreement
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and may protect their rights in their respective portions of the Product
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directly against You.
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5. TRANSFER. Without the prior written consent of HP, or unless
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specifically permitted in the Ancillary Software License, You have no right
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(a) to rent, lease, lend, or otherwise transfer the rights to the Product to
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anyone else; (b) to Use the Product for commercial timesharing or bureau use;
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or (c) to copy the Product onto any public or distributed network.
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6. COPYRIGHT. United States copyright laws, other countries' copyright
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laws, and international treaty provisions protect the Product. You shall not
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remove any product identification, copyright notices, or proprietary notices
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from the Product.
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7. SUPPORT. Support terms and conditions and contact information are
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detailed in the Worldwide Limited Warranty and Technical Support for Industry
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Standard Server Products statement ("Support Statement"), a copy of which is
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available on the HP web site at www.hp.com. Subject to the terms of the
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Support Statement, for HP software products installed on HP computers,
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technical support for questions regarding media and Product installation may
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be available for a ninety (90) day period from the date of purchase of the HP
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computer on which this Product is installed ("Support Term"). To access this
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support in North America, call the HP Technical Support Phone Center at
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1-800-652-6672. This service is available during normal business hours,
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Monday through Friday, during the Support Term. Outside North America, call
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the nearest HP Technical Support Center. No other support, including
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without limitation any on-site support, is provided under this Agreement.
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8. LIMITATION ON REVERSE ENGINEERING. Reverse engineering of Ancillary
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Software shall be governed by its respective Ancillary Software License. As
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for the remainder of the Product, You shall not modify, disassemble, reverse
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engineer, decompile, decrypt, or otherwise attempt to access or determine the
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source code of the Product without HP's prior written consent. Where You have
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other statutory rights with regard to software, You shall provide HP with
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reasonably detailed information regarding any intended disassembly or
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decompilation of the Product prior to performing such disassembly or
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decompilation. You shall not decrypt the Product unless necessary for the
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licensed Use of the Product.
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9. RESERVATION OF RIGHTS. HP, its third party suppliers, and Ancillary
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Software providers reserve all rights not expressly granted to You in this
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Agreement.
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10. TERM AND TERMINATION. You may exercise the rights of this Agreement
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and of the Ancillary Software Licenses for a period of time starting at Your
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acceptance of the terms and conditions of this Agreement and for so long as
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You meet such terms and conditions ("Term"). Notwithstanding the foregoing,
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HP may terminate Your right to Use the Product, upon notice, for Your failure
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to comply with any such term or condition. Immediately upon termination, You
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shall remove, destroy, or return to HP all copies of the Product, including
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those copies of the Product that are merged into Your adaptations, except for
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individual pieces of data in Your database. With HP's prior written consent,
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one copy of the Product may be retained, for archival purposes only, subsequent
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to termination. You may terminate this Agreement at any time by returning or
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destroying the Product together with merged portions in any form.
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11. CONFIDENTIAL COMPUTER SOFTWARE. Valid license from HP required for
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possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial
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Computer Software, Computer Software Documentation, and Technical Data for
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Commercial Items are licensed to the U.S. Government under vendor's standard
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commercial license.
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12. COMPLIANCE WITH LAW. The Product and any associated hardware,
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software, technology or services may not be exported, reexported, transferred
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or downloaded to persons or entities listed on the U.S. Department of Commerce
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Denied Persons List, Entity List of proliferation concern, or on any U.S.
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Treasury Department Designated Nationals exclusion list, any country under
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U.S. economic embargo, or to parties directly or indirectly involved in the
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development or production of nuclear, chemical, biological weapons or in
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missile technology programs as specified in the U.S. Export Administration
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Regulations (15 CFR 744). By accepting this Agreement You confirm that You
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are not (i) located in (or a national resident of) any country under U.S.
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economic embargo, (ii) identified on any U.S. Department of Commerce Denied
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Persons List, Entity List or Treasury Department Designated Nationals exclusion
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list, and (iii) directly or indirectly involved in the development or
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production of nuclear, chemical, biological weapons or in missile technology
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programs as specified in the U.S. Export Administration Regulations.
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13. APPLICABLE LAW. This Agreement shall be construed in accordance with
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the laws of the State of Texas, without regard to conflict of laws principles.
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The United Nations Convention on Contracts for the International Sale of Goods
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is specifically disclaimed. If the Product was acquired outside the United
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States, then local law may apply.
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14. SEVERABILITY. If any term or provision of this Agreement is determined
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to be illegal or unenforceable, the validity or enforceability of the remainder
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of the terms or provisions herein will remain valid and in full force and
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effect. Failure or delay in enforcing any right or provision of this Agreement
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shall not be deemed a waiver of such right or provision with respect to any
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subsequent breach. Provisions herein, which by their nature extend beyond the
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termination of the license in the Product, will remain in effect until
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fulfilled.
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15. CONSENT TO USE OF DATA. You agree that HP may collect and use technical
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information that You provide in connection with Your Use and request for
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technical support of the Product from HP, however, HP will not use this
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information in a form that personally identifies You.
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16. ASSIGNMENT. You may not assign, sublicense or transfer this Agreement,
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the Product, or any rights or obligations hereunder without the prior written
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consent of HP. Any such attempted assignment, sublicense, or transfer will be
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null and void, and in such event, HP may terminate this Agreement immediately.
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Notwithstanding the foregoing, You may assign this Agreement and the rights
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granted hereunder with the transfer of all or substantially all of Your
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business. The right to assign or transfer Ancillary Software is governed by
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the terms and conditions of the Ancillary Software Licenses.
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17. ENTIRE AGREEMENT. This Agreement, including all Ancillary Software
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Licenses in the ANCILLARY SOFTWARE list, is the final, complete and exclusive
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agreement between You and HP relating to the Product, and supersedes any
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previous communications, representations, or agreements between the parties,
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whether oral or written, regarding the subject matter hereof. Any additional
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or different terms and conditions not expressly set forth herein will not
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apply. This Agreement may not be changed except by an amendment signed by an
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authorized representative of both You and HP. To the extent the terms of any
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HP policies or programs for support services conflict with the terms of this
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Agreement, the terms of this Agreement shall control.
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18. WARRANTY
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a. NO ACTIVATION KEY REQUIRED SOFTWARE - AS-IS WARRANTY STATEMENT:
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DISCLAIMER. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS PRODUCT AND
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SUPPORT SERVICES, IF ANY, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF
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ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY
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DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION,
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WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE,
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ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY
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OR COMPLETENESS OF RESPONSES, RESULTS, OR WORKMANLIKE EFFORT, LACK OF VIRUSES,
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AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF
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OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, WITHOUT LIMITATION,
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THERE IS NO WARRANTY OF QUIET ENJOYMENT, QUIET POSSESSION AND CORRESPONDENCE
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TO DESCRIPTION WITH REGARD TO THE PRODUCT. YOU ASSUME THE ENTIRE RISK AS TO
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THE RESULTS AND PERFORMANCE OF THE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR
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ADVICE GIVEN BY HP, HP"S AUTHORIZED REPRESENTATIVES, OR ANY OTHER PARTY SHALL
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CREATE A WARRANTY OR AMEND THIS "AS IS" WARRANTY. Some jurisdictions do not
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allow exclusions of implied warranties or conditions, so the above exclusion
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may not apply to You to the extent prohibited by such local laws. You may have
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other rights that vary from country to country, state to state, or province to
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province.
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b. ACTIVATION KEY REQUIRED SOFTWARE - LIMITED WARRANTY.
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HP warrants that the Product will perform substantially in accordance with the
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accompanying materials for a period of ninety (90) days from the date of
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purchase. If an implied warranty or condition is created by Your
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state/jurisdiction and federal or state/provincial law prohibits disclaimer of
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it, You also have an implied warranty or condition, BUT ONLY AS TO DEFECTS FOR
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WHICH CLAIMS ARE MADE WITHIN NINETY (90) DAYS FROM THE DATE OF PURCHASE. AS TO
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ANY DEFECTS DISCOVERED FOR WHICH A CLAIM IS NOT MADE WITHIN THE NINETY-DAY
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PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
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Some states/jurisdictions do not allow limitations on how long an implied
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warranty or condition lasts, so the above limitation may not apply to You.
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DISCLAIMER. The Limited Warranty that appears above is the only
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express warranty made to You and is provided in lieu of any other express
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warranties or implied warrantees (if any) created by any documentation,
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packaging or otherwise. EXCEPT FOR THE LIMITED WARRANTY, AND TO THE MAXIMUM
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EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE PRODUCT
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AND SUPPORT SERVICES (IF ANY) "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM
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ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,
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INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR
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CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE,
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SATISFACTORY QUALITY, NON-INFRINGEMENT OF TITLE, OF ACCURACY OR COMPLETENESS
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OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF
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LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISIONS OF OR
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FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION
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OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION,
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OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
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19. LIMITATION OF LIABILITY.
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a. FOR ALL SOFTWARE WHETHER OR NOT AN ACTIVATION KEY IS REQUIRED
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EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL HP OR ITS
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SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS
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BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
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OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING
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OUT OF THE USE, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT,
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WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER
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OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCT IS NOT
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DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION,
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MAINTENANCE, OR OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR
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AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES,
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OR WEAPONS SYSTEMS (COLLECTIVELY "HIGH RISK APPLICATIONS"). YOU ARE SOLELY
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LIABLE IF THE PRODUCT IS USED FOR HIGH RISK APPLICATIONS, AND YOU SHALL
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INDEMNIFY, DEFEND AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR
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LIABILITY IN CONNECTION WITH SUCH USE. YOU ASSUME THE ENTIRE RISK AS TO YOUR
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USE OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
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LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY SUCH LOCAL LAWS.
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b. FOR SOFTWARE REQUIRING AN ACTIVATION KEY
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Notwithstanding any damages that You might incur for any reason whatsoever
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(including, without limitation, all damages referenced above and all direct
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or general damages), the entire liability of HP and any of its suppliers under
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any provision of this EULA and Your exclusive remedy for all of the foregoing
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(except for any remedy of repair or replacement if elected by HP with respect
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to any breach of the Limited Warranty) shall be limited to the greater of the
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amount actually paid by You for the Product or U.S. $5.00. The foregoing
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limitations, exclusions and disclaimers (including Warranty above) shall apply
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to the maximum extent permitted by applicable law, even if any remedy fails of
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its essential purpose.
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REV08/51/03 End User License Agreement
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