diff options
Diffstat (limited to 'licenses/hp-proliant-essentials')
| -rw-r--r-- | licenses/hp-proliant-essentials | 338 |
1 files changed, 338 insertions, 0 deletions
diff --git a/licenses/hp-proliant-essentials b/licenses/hp-proliant-essentials new file mode 100644 index 000000000..bef7309ef --- /dev/null +++ b/licenses/hp-proliant-essentials @@ -0,0 +1,338 @@ + + + PROLIANT ESSENTIALS SOFTWARE + + 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) ("YOU") AND HEWLETT-PACKARD COMPANY ("HP"). BY CLICKING THE "AGREE" +BUTTON BELOW, COPYING, INSTALLING, OR OTHERWISE USING THE 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" LIST. + +IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, +(A) IF THIS AGREEMENT IS DISPLAYED ELECTRONICALLY, YOU MAY INDICATE REJECTION + OF THIS AGREEMENT BY CLICKING THE "DISAGREE" BUTTON; +(B) YOU SHALL NOT INSTALL THE SOFTWARE; AND +(C) HP DOES NOT GRANT YOU ANY RIGHTS TO USE THE SOFTWARE. +NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE SOFTWARE +INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. +IF YOU PURCHASED THE SOFTWARE, YOU MAY RETURN THE SOFTWARE TO THE PLACE OF +PURCHASE FOR A FULL REFUND. + +THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING +THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE"). USE OF THE HP SOFTWARE, THE +ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE "ONLINE" OR +ELECTRONIC DOCUMENTATION (COLLECTIVELY THE "PRODUCT") IS CONDITIONED UPON AND +LIMITED 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"). + +USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE, +EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES +PROVISIONS CONTAINED IN THE "AS-IS 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" LIST. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS +AGREEMENT, YOU ARE ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY +SOFTWARE LICENSE IN THE ANCILLARY SOFTWARE LIST. + +IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL +PUBLIC LICENSE ("GPL SOFTWARE"), YOU MAY OBTAIN A COMPLETE MACHINE-READABLE +COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A +SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: +HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML. +UPON YOUR WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF +DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL, +TO YOU. INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE +MAY BE FOUND AT THE FOLLOWING WEBSITE: +HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.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. LICENSE GRANT + +a. IF SOFTWARE DOES NOT REQUIRE AN ACTIVATION KEY. If the Software does +not require an 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 16), worldwide (except for the +countries referenced in Section 12) license under HP's copyrights, to install, +copy on as many computers as you need for your business, use, execute, make +archival or backup copies, and display ("Use") the object code version of the +Product on the computer(s) on which this Product is installed and in the +operating environment as identified by HP in the accompanying materials. + +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 ("License Type") and rights: + + Authorized Copies. You are licensed to install, make Authorized Copies +of (as defined in this section), execute, and display ("Use") the object code +version of the Product on an equivalent number of Computers, Host/Client Pairs, +Computer Nodes, or Clustered Computers (as defined in the table below) as you +have Authorized Copies. Authorized Copies is defined as the number of copies +that you have paid for as stated in the invoice or comparable document +evidencing an authorized quantity. + +LICENSE TYPE SOFTWARE INSTALLS TO: LICENSED RIGHTS + (hardware configuration) +------------------------------------------------------------------------------ +Computer A computer You have a right to install + and Use the Product on a single + computer. The installed copy + may not be transferred to or + used on any other computer. + +------------------------------------------------------------------------------ +Node/Client A set of computers with a You have a right to install and + minimum of one host and one Use the Product on a Host/Client + client connected to each Pair or a Single Node. Copies + other ("Host/Client Pair"), of the Product installed on a + or in certain instances, a Host/Client Pair or Single Node + single computer may not be transferred to any + ("Single Node") other host or client computers + or other single nodes. You can + continue to Use the Product on + licensed clients when a new + server is introduced to the + licensed clients. + +------------------------------------------------------------------------------ +Cluster More than two computers You have a right to install and + physically connected together Use the Product on each + in a cluster configuration Clustered Computer. The + (each of which is referred to installed copy may not be + as "Clustered Computer") transferred to or used on any + other computer. + + + Storage. You may copy the Product into the local memory or storage +device of the hardware configuration loaded with the Authorized Copies. You may +copy the Product onto a reasonable number of network servers or a secure +intranet for the sole purpose of distributing the Product to the Computers, +Host/Client Pairs, Computer Nodes, or Clustered Computers. You may make +archival or back-up copies of the Product. You shall keep the activation key +with the hardware configuration to which the activation key is licensed. You +should keep copies of the activation key information for future retrieval +purposes. + +2. NEW RELEASES. "New Release" means a release of the Product that may +contain fixes, corrections, or minor improvements to the Product. New Releases +are distributed from time to time solely at the option of HP. If HP offers a +New Release, it may come with its own terms and conditions, however if it does +not, You may use the New Release only under the terms and conditions of this +Agreement. +3. NEW VERSIONS. "New Version" means a version of the Product that may +contain significant changes, enhancements, and/or functional improvements to +the Product. New Versions are distributed solely at the option of HP. If HP +offers a New Version, it may come with its own terms and conditions, however +if it does not, You may use the New Version only under the terms and conditions +of this Agreement. +4. OWNERSHIP. The Product is owned and copyrighted by Hewlett-Packard +Development Company, L.P., HP's intellectual property management company, and +by third party suppliers, except for the Ancillary Software, which is owned and +copyrighted by the Ancillary Software providers indicated in the ANCILLARY +SOFTWARE list. Your right to Use the Product confers no title or ownership and +is not a sale of the Product 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. +5. TRANSFER. Without the prior written consent of HP, or unless +specifically permitted in the Ancillary Software License, You have no right +(a) to rent, lease, lend, or otherwise transfer the rights to the Product to +anyone else; (b) to Use the Product for commercial timesharing or bureau use; +or (c) to copy the Product onto any public or distributed network. +6. COPYRIGHT. United States copyright laws, other countries' copyright +laws, and international treaty provisions protect the Product. You shall not +remove any product identification, copyright notices, or proprietary notices +from the Product. +7. 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, for HP software products installed on HP computers, +technical support for questions regarding media and Product installation may +be available for a ninety (90) day period from the date of purchase of the HP +computer on which this Product is installed ("Support Term"). To access this +support in North America, call the HP Technical Support Phone Center at +1-800-652-6672. 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. +8. LIMITATION ON REVERSE ENGINEERING. Reverse engineering of Ancillary +Software shall be governed by its respective Ancillary Software License. As +for the remainder of the Product, You shall not modify, disassemble, reverse +engineer, decompile, decrypt, or otherwise attempt to access or determine the +source code of the Product without HP's prior written consent. Where You have +other statutory rights with regard to software, You shall provide HP with +reasonably detailed information regarding any intended disassembly or +decompilation of the Product prior to performing such disassembly or +decompilation. You shall not decrypt the Product unless necessary for the +licensed Use of the Product. +9. RESERVATION OF RIGHTS. HP, its third party suppliers, and Ancillary +Software providers reserve all rights not expressly granted to You in this +Agreement. +10. TERM AND TERMINATION. You may exercise the rights of this Agreement +and of 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, destroy, or return to HP all copies of the Product, including +those copies of the Product that are merged into Your adaptations, except for +individual pieces of data in Your database. With HP's prior written consent, +one copy of the Product may be retained, for archival purposes only, subsequent +to termination. You may terminate this Agreement at any time by returning or +destroying the Product together with merged portions in any form. +11. CONFIDENTIAL COMPUTER SOFTWARE. Valid license from HP 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 vendor's standard +commercial license. +12. 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 in +missile technology programs 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 in missile technology +programs as specified in the U.S. Export Administration Regulations. +13. APPLICABLE LAW. This Agreement shall be construed in accordance with +the laws of the State of Texas, 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. +14. 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. +15. 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. +16. ASSIGNMENT. You may not assign, sublicense or transfer this Agreement, +the Product, 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. +Notwithstanding the foregoing, You may assign this Agreement and the rights +granted hereunder with the transfer of all or substantially all of Your +business. The right to assign or transfer Ancillary Software is governed by +the terms and conditions of the Ancillary Software Licenses. +17. 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 an +authorized representative of both You 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. +18. 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 warrantees (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 (IF 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. + +19. 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 INCIDENTIAL 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 U.S. $5.00. 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. + +REV08/51/03 End User License Agreement |