SMI-S VA V1.02.02 Release Notes

HP Software License Terms
10 SMI-S VA Release Notes
HP Software License Terms
NOTICE: This Software is licensed, not sold. If you do not agree to these terms, you may
not use the Software. This Software may contain or may be accompanied by certain
third party products which are provided to you under terms and conditions which are
different from this Agreement (collectively the "Third Party Products"). License and
warranty terms associated with the Third Party Products appear in files with the Third
Party Products on this CD or are contained in accompanying documentation. By using
this Software, which may contain the Third Party Product, you are expressly agreeing to
comply with all the license and warranty terms accompanying the Software, including
those license and warranty terms specific to the Third Party Product, if any, except that,
as between HP and Customer, the Disclaimer of warranties and Limitation of Liabilities
provisions contained in the "Warranty Statement" for the Software shall continue to
apply to such Third Party Products.
The HP Software License and Warranty Terms which appear below apply to that
binary-only portion of the Software which is proprietary to HP or over which HP intends
to assert an ownership right and does not apply to or override, expressly or by
implication, the terms and conditions associated with any Third Party Product (if any).
Upon payment of the applicable License Fee as set forth in the applicable HP quotation and/or
invoice, your right to store, load, install, execute, or display the Software on a Device
(collectively, "Use") the enclosed Software will be governed by the terms and conditions of the
Software License terms that have been previously executed by you and Hewlett-Packard
Company ("HP"). In the event you have not executed such terms with HP, then HP is willing to
license the enclosed Software to you subject to these Software License terms and the
applicable HP Warranty Statement accompanying the Software. You acquire no rights to the
Software other than those expressly granted in this Software License. Updates, upgrades and
other enhancements for the Software are only available under HP support agreements.
Subject to any previously executed Software License agreement, your Use of the Software
indicates (a) your acceptance of these Software License terms and the applicable Warranty
Statement, and (b) your agreement to pay the applicable License Fee as set forth in the
applicable HP quotation and/or invoice. If you do not accept these Software License Terms
and/or do not pay the applicable License Fees, then HP does not grant you a License to the
Software, you are not authorized to Use the Software, and you must promptly return the
Software to HP or to the authorized HP distributor that provided you with the Software for a
full refund of all License Fees actually paid; if the Software is bundled with another Product,
you may return the entire unused Product to HP or to the authorized HP distributor that
provided you with the Software for a full refund of all License Fees actually paid.
1. DEFINITIONS
a)"Software" means one or more programs capable of operating on a controller, processor or
other hardware Product ("Device") and related documentation. Software is either a separate
Product, included with another Product ("Bundled Software"), or fixed in a Device and not
removable in normal operation ("Firmware").
b)"Products" means hardware, Software, documentation, accessories, supplies, parts and
upgrades that are determined by HP (1) to be available from HP upon receipt of Customer's
order.
c)"Software License" means the Software license grant and general license terms set forth
herein. Each Software License has a corresponding License Fee.
d)"License Fee" means the fee or fees designated by HP for Use of Software. Different
License Fees may apply to particular Software if more than one Software License is available
for that Software.