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