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HPE End User License Agreement – Enterprise Version
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1. Applicability. This end user license agreement (the "Agreement") governs
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the use of accompanying software, unless it is subject to a separate
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agreement between you and Hewlett Packard Enterprise Company and its
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subsidiaries (“HPE”). By downloading, copying, or using the software you
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agree to this Agreement. HPE provides translations of this Agreement in
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certain languages other than English, which may be found at:
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http://www.hpe.com/software/SWLicensing.
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2. Terms. This Agreement includes supporting material accompanying the
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software or referenced by HPE, which may be software license
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information, additional license authorizations, software specifications,
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published warranties, supplier terms, open source software licenses and
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similar content ("Supporting Material"). Additional license
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authorizations are at: http://www.hpe.com/software/SWLicensing.
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3. Authorization. If you agree to this Agreement on behalf of another
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person or entity, you warrant you have authority to do so.
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4. Consumer Rights. If you obtained software as a consumer, nothing in this
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Agreement affects your statutory rights.
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5. Electronic Delivery. HPE may elect to deliver software and related
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software product or license information by electronic transmission or
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download.
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6. License Grant. If you abide by this Agreement, HPE grants you a
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non-exclusive non-transferable license to use one copy of the version or
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release of the accompanying software for your internal purposes only,
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and is subject to any specific software licensing information that is in
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the software product or its Supporting Material.
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Your use is subject to the following restrictions, unless specifically
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allowed in Supporting Material:
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* You may not use software to provide services to third parties.
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* You may not make copies and distribute, resell or sublicense software
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to third parties.
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* You may not download and use patches, enhancements, bug fixes, or
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similar updates unless you have a license to the underlying software.
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However, such license doesn't automatically give you a right to receive
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such updates and HPE reserves the right to make such updates only
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available to customers with support contracts.
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* You may not copy software or make it available on a public or external
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distributed network.
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* You may not allow access on an intranet unless it is restricted to
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authorized users.
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* You may make one copy of the software for archival purposes or when it
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is an essential step in authorized use.
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* You may not modify, reverse engineer, disassemble, decrypt, decompile
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or make derivative works of software. If you have a mandatory right to
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do so under statute, you must inform HPE in writing about such
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modifications.
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7. Remote Monitoring. Some software may require keys or other technical
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protection measures and HPE may monitor your compliance with the
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Agreement, remotely or otherwise. If HPE makes a license management
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program for recording and reporting license usage information, you will
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use such program no later than 180 days from the date it's made
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available.
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8. Ownership. No transfer of ownership of any intellectual property will
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occur under this Agreement.
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9. Copyright Notices. You must reproduce copyright notices on software and
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documentation for authorized copies.
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10. Operating Systems. Operating system software may only be used on
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approved hardware and configurations.
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11. 90-day Limited Warranty for HPE Software.
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* HPE-branded software materially conforms to its specifications, if any,
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and is free of malware at the time of delivery; if you notify HPE
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within 90 days of delivery of non-conformance to this warranty, HPE
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will replace your copy. This Agreement states all remedies for warranty
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claims.
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* HPE does not warrant that the operation of software will be
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uninterrupted or error free, or that software will operate in hardware
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and software combinations other than as authorized by HPE in Supporting
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Material. To the extent permitted by law, HPE disclaims all other
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warranties.
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12. Intellectual Property Rights Infringement. HPE will defend and/or
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settle any claims against you that allege that HPE-branded software as
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supplied under this Agreement infringes the intellectual property
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rights of a third party. HPE will rely on your prompt notification of
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the claim and cooperation with our defense. HPE may modify the software
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so as to be non-infringing and materially equivalent, or we may procure
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a license. If these options are not available, we will refund to you
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the amount paid for the affected product in the first year or the
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depreciated value thereafter. HPE is not responsible for claims
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resulting from any unauthorized use of the software.
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13. Limitation of Liability. HPE's liability to you under this Agreement is
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limited to the amount actually paid by you to HPE for the relevant
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software, except for amounts in Section 12 ("Intellectual Property
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Rights Infringement"). Neither you nor HPE will be liable for lost
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revenues or profits, downtime costs, loss or damage to data or
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indirect, special or consequential costs or damages. This provision
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does not limit either party's liability for: unauthorized use of
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intellectual property, death or bodily injury caused by their
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negligence; acts of fraud; willful repudiation of the Agreement; or any
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liability that may not be excluded or limited by applicable law.
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14. Termination. This Agreement is effective until terminated or in the
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case of a limited-term license, upon expiration; however, your rights
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under this Agreement terminate if you fail to comply with it.
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Immediately upon termination or expiration, you will destroy the
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software and documentation and any copies, or return them to HPE. You
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may keep one copy of software and documentation for archival purposes.
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We may ask you to certify in writing you have complied with this
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section. Warranty disclaimers, the limitation of liability, this
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section on termination, and Section 15 ("General") will survive
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termination.
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15. General.
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a. Assignment. You may not assign this Agreement without prior written
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consent of HPE, payment of transfer fees and compliance with HPE's
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software license transfer policies. Authorized assignments will
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terminate your license to the software and you must deliver software
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and documentation and copies thereof to the assignee. The assignee
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will agree in writing to this Agreement. You may only transfer
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firmware if you transfer associated hardware.
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b. U.S. Government. If the software is licensed to you for use in the
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performance of a U.S. Government prime contract or subcontract, you
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agree that, consistent with FAR 12.211 and 12.212, commercial computer
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software, computer software documentation and technical data for
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commercial items are licensed under HPE's standard commercial license.
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c. Global Trade Compliance. You agree to comply with the trade-related
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laws and regulations of the U.S. and other national governments. If
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you export, import or otherwise transfer products provided under this
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Agreement, you will be responsible for obtaining any required export
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or import authorizations. You confirm that you are not located in a
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country that is subject to trade control sanctions (currently Cuba,
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Iran, N. Korea, N. Sudan, and Syria) and further agree that you will
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not retransfer the products to any such country. HPE may suspend its
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performance under this Agreement to the extent required by laws
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applicable to either party.
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d. Audit. HPE may audit you for compliance with the software license
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terms. Upon reasonable notice, HPE may conduct an audit during normal
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business hours (with the auditor's costs being at HPE's expense). If
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an audit reveals underpayments then you will pay to HPE such
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underpayments. If underpayments discovered exceed five (5) percent,
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you will reimburse HPE for the auditor costs.
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e. Open Source Components. To the extent the Supporting Material includes
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open source licenses, such licenses shall control over this Agreement
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with respect to the particular open source component. To the extent
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Supporting Material includes the GNU General Public License or the
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GNU Lesser General Public License: (a) the software includes a copy of
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the source code; or (b) if you downloaded the software from a website,
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a copy of the source code is available on the same website; or (c) if
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you send HPE written notice, HPE will send you a copy of the source
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code for a reasonable fee.
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f. Notices. Written notices under this Agreement may be provided to HPE
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via the method provided in the Supporting Material.
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g. Governing Law. This Agreement will be governed by the laws of the
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state of California, U.S.A., excluding rules as to choice and conflict
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of law. You and HPE agree that the United Nations Convention on
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Contracts for the International Sale of Goods will not apply.
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h. Force Majeure. Neither party will be liable for performance delays nor
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for non-performance due to causes beyond its reasonable control,
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except for payment obligations.
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i. Entire Agreement. This Agreement represents our entire understanding
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with respect to its subject matter and supersedes any previous
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communication or agreements that may exist. Modifications to the
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Agreement will be made only through a written amendment signed by both
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parties. If HPE doesn't exercise its rights under this Agreement, such
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delay is not a waiver of its rights.
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16. Australian Consumers. If you acquired the software as a consumer within
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the meaning of the 'Australian Consumer Law' under the Australian
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Competition and Consumer Act 2010 (Cth) then despite any other
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provision of this Agreement, the terms at this URL apply:
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http://www.hpe.com/software/SWLicensing.
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17. Russian Consumers. If you are based in the Russian Federation and the
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rights to use the software are provided to you under a separate license
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and/or sublicense agreement concluded between you and a duly authorized
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HPE partner, then this Agreement shall not be applicable.
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HPE End User License Agreement – Enterprise Version
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5012-3777 v1.5, 2016
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© Copyright 2015 Hewlett Packard Enterprise Development LP
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