SMI-S VA V1.02.02 Release Notes

HP Software License Terms

12 SMI-S VA Release Notes

writing to the terms of Customer's Software License. All Software License terms will be

binding on involuntary transferees, notice of which is hereby given. Customer's Software

License will automatically terminate upon transfer.

h)HP may terminate Customer's or any transferee's or sublicensee's Software License upon

notice for failure to comply with any applicable Software License terms. Immediately upon

termination, the Software and all copies of the Software will be destroyed or returned to HP.

Copies of the Software that are merged into adaptations, except for individual pieces of data in

Customer's or transferee's or sublicensee's database, will be removed and destroyed or returned

to HP. With HP's written consent, one copy of the Software may be retained subsequent to

termination for archival purposes.

i)In the following provision regarding Software Licenses to the U.S. Government, the term

"Customer" means HP's direct purchaser, any entity sublicensing the Software, and the

end-user.

1)If Software is licensed for use in the performance of a U.S government prime contract or

subcontract, Customer agrees that Software has been developed entirely at private

expense. Customer agrees that Software, and any derivatives or modifications, is

adequately marked when the Restricted Rights Legend below is affixed to the Software or

to its storage media and is perceptible directly or with the aid of a machine or device.

Customer agrees to conspicuously put the following legend on the Software media with

Customer's name and address added below the notice:

RESTRICTED RIGHTS LEGEND

Use, duplication or disclosure is subject to HP standard commercial license terms and for

non-DOD Departments and Agencies of the U.S. Government, the restrictions as set forth in

FAR 52.227-19(c)(1-2)(Jun 1987).

Hewlett-Packard Company

3000 Hanover Street

Palo Alto, CA 94304 U.S.A.

2)Customer further agrees that Software is delivered and licensed as "Commercial

computer software" as defined in DFARS 252.227-7014(Jun 1995) or as a "commercial

item" as defined in FAR 2.101(a), or as "Restricted computer software" as defined in FAR

52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever

is applicable. The Customer agrees that it has only those rights provided for such Software

by the applicable FAR or DFARS clause or the HP standard software agreement for the

product involved.

4. GENERAL

a)Neither party may assign any rights or obligations hereunder without prior written consent of

the other party. HP may, however, assign any rights and obligations hereunder to another HP

entity at any time upon written notice.

b)Customer who exports, re-exports or imports HP licensed Products, technology or technical

data purchased hereunder, assumes responsibility for complying with applicable laws and

regulations and for obtaining required export and import authorizations. HP may suspend

performance if Customer is in violation of any applicable laws or regulations.

c)Disputes arising in connection with this Agreement will be governed by the laws of the

country and locality in which HP accepts the order.