HP EVA Storage Replication Adapter Software for VMware vCenter SRM Administrator Guide

or that the operation of the Software Packages will be entirely error free or appear precisely as described

in the accompanying documentation. This warranty extends only to the party that purchases the Services

pertaining to the Software Packages from Red Hat or a Red Hat authorized distributor.

4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, the remedies

described below are accepted by Client as its only remedies. Red Hat's entire liability, and Client's

exclusive remedies, shall be: If the Software media is defective, Client may return it within 30 days of

delivery along with a copy of Client's payment receipt and Red Hat, at its option, will replace it or

refund the money paid by Client for the Software. To the maximum extent permitted by applicable law,

Red Hat or any Red Hat authorized dealer will not be liable to Client for any incidental or consequential

damages, including lost profits or lost savings arising out of the use or inability to use the Software,

even if Red Hat or such dealer has been advised of the possibility of such damages. In no event shall

Red Hat's liability under this agreement exceed the amount that Client paid to Red Hat under this

Agreement during the twelve months preceding the action.

5. Export Control. As required by U.S. law, Client represents and warrants that it:

(a) understands that the Software Packages are subject to export controls under the

U.S. Commerce Department's Export Administration Regulations ("EAR");

(b) is not located in a prohibited destination country under the EAR or U.S. sanctions regulations

(currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria);

or individual without the necessary export license(s) or authorizations(s) from the U.S. Government;

(d) will not use or transfer the Software Packages for use in any sensitive nuclear, chemical or

biological weapons, or missile technology end-uses unless authorized by the U.S. Government by

regulation or specific license;

(e) understands and agrees that if it is in the United States and exports or transfers the Software

Packages to eligible end users, it will, as required by EAR Section 740.17(e), submit semi-annual

reports to the Commerce Department's Bureau of Industry & Security (BIS), which include the name and

address (including country) of each transferee;

and (f) understands that countries other than the United States may restrict the import, use, or

export of encryption products and that it shall be solely responsible for compliance with any such

import, use, or export restrictions.

6. Third Party Programs. Red Hat may distribute third party software programs with the Software Packages

that are not part of the Software Packages and which Client must install separately. These third party

programs are subject to their own license terms. The license terms either accompany the programs or

can be viewed at http://www.redhat.com/licenses/. If Client does not agree to abide by the applicable

license terms for such programs, then Client may not install them. If Client wishes to install the programs

on more than one system or transfer the programs to another party, then Client must contact the licensor

of the programs.

7. General. If any provision of this agreement is held to be unenforceable, that shall not affect the

enforceability of the remaining provisions. This License Agreement shall be governed by the laws of the

State of North Carolina and of the United States, without regard to any conflict of laws provisions,

except that the United Nations Convention on the International Sale of Goods shall not apply.

"JBoss" and the JBoss logo are registered trademarks of Red Hat, Inc.

All other trademarks are the property of their respective owners.

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Permission is hereby granted, free of charge, to any person obtaining

Third-party licenses66