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diff --git a/licenses/hp-proliant-essentials b/licenses/hp-proliant-essentials deleted file mode 100644 index bef7309ef..000000000 --- a/licenses/hp-proliant-essentials +++ /dev/null @@ -1,338 +0,0 @@ - - - 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 |