HPjmeter 4.3 User's Guide

© Copyright 2005-2013 Hewlett-Packard Development Company, L.P.
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PLEASE READ CAREFULLY: THE USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW (“AGREEMENT”),
UNLESS THE SOFTWARE IS SUBJECT TO A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND HP OR ITS SUPPLIERS. BY DOWNLOADING,
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YOU DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
QUANTITY OF DEVICES:
1. GENERAL TERMS
a. You and Your refer either to an individual person or to a single legal entity.
b. HP means Hewlett-Packard Company or one of its subsidiaries.
c. HP Branded means Software products bearing a trademark or service mark of Hewlett-Packard Company or any Hewlett-Packard
Company Affiliate, and embedded HP selected third party Software that is not offered under a third party license agreement.
d. Software means machine-readable instructions and data (and copies thereof) including middleware and related updates and upgrades
You may be separately authorized to receive, licensed materials, user documentation, user manuals, and operating procedures.
“Ancillary Software” means all or any portion of Software provided under public, open source, or third party license terms.
e. Specification means technical information about Software products published in HP product manuals, user documentation, and technical
data sheets in effect on the date HP delivers Software products to You.
f. Transaction Document(s) means an accepted customer order (excluding pre-printed terms) and in relation to that order, valid HP
quotations, license to use certificates or invoices.
2. LICENSE TERMS AND RESTRICTIONS
a. Subject to the terms and conditions of this Agreement and the payment of any applicable license fee, HP grants You a non-exclusive,
non-transferable license to Use (as defined below) in object code form one copy of the Software on one device at a time for Your
internal business purposes, unless otherwise indicated above or in applicable Transaction Document(s). “Use” means to install, store,
load, execute and display the Software in accordance with the Specifications. Your Use of the Software is subject to these license terms
and to the other restrictions specified by HP in any other tangible or electronic documentation delivered or otherwise made available
to You with or at the time of purchase of the Software, including license terms, warranty statements, Specifications, and “readme” or
other informational files included in the Software itself. Such restrictions are hereby incorporated in this Agreement by reference. Some
Software may require license keys or contain other technical protection measures. You acknowledge that HP may monitor your compliance
with Use restrictions remotely or otherwise. If HP makes a license management program available which records and reports license
usage information, You agree to appropriately install, configure and execute such license management program beginning no later
than one hundred and eighty (180) days from the date it is made available to You and continuing for the period that the Software is
Used.
b. This Agreement confers no title or ownership and is not a sale of any rights in the Software. Third-party suppliers are intended beneficiaries
under this Agreement and independently may protect their rights in the Software in the event of any infringement. All rights not expressly
granted to You are reserved solely to HP or its suppliers. Nothing herein should be construed as granting You, by implication, estoppel
or otherwise, a license relating to Software other than as expressly stated above in this section 2.
c. Unless otherwise permitted by HP, You (a) may only make copies or adaptations of the Software for archival purposes or when copying
or adaptation is an essential step in the authorized Use of the Software on a backup device, provided that copies and adaptations are
used in no other manner and provided further that the Use on the backup device is discontinued when the original or replacement
device becomes operable, and (b) may not copy the Software onto or otherwise Use or make it available on, to, or through any public
or external distributed network.
d. To Use Software identified as an update or upgrade, You must first be licensed for the original Software identified by HP as eligible
for the update or upgrade. If the update or upgrade is intended to substantially replace the original Software, after updating or
upgrading, You may no longer Use the original Software that formed the basis for Your update or upgrade eligibility unless otherwise