HPjmeter 4.3 User's Guide

provided by HP in writing. Nothing in this Agreement grants You any right to purchase or receive Software updates, upgrades, or
support, and HP is under no obligation to make such support available to you. Updates, upgrades, enhancements, or other Support
may only be available under separate HP support agreements. You may contact HP to learn more about any support offerings HP may
make available. HP reserves the right to require additional licenses and fees for Software upgrades or other enhancements, or for Use
of the Software on upgraded devices.
e. You must reproduce all copyright notices that appear in or on the Software (including documentation) on all permitted copies or
adaptations. Copies of documentation are limited to internal use.
f. Notwithstanding anything to the contrary herein, if the Transaction Document(s) identifies that the Software may be utilized on another
Designated System(s) (as defined below), Your license to Use the Software may be transferred to another Designated System(s). A
“Designated System” means a computer system owned, controlled, or operated by or solely on behalf of You and may be further
identified by HP by the combination of a unique number and a specific system type. Such license will terminate in the event of a change
in either the system number or system type, an unauthorized relocation, or if the Designated System ceases to be within Your possession
or control.
g. Operating system Software may only be Used when operating the associated hardware in configurations as approved, sold, or
subsequently upgraded by HP or an HP authorized reseller.
h. Software is not specifically designed, manufactured, or intended for use as parts, components, or assemblies for the planning, construction,
maintenance, or direct operation of a nuclear facility. You are solely liable if Software is Used for these applications and will indemnify
and hold HP harmless from all loss, damage, expense, or liability in connection with such Use.
i. You will not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the Software. Where You have
other rights mandated under statute, You will provide HP with reasonably detailed information regarding any intended modifications,
reverse engineering, disassembly, decryption, or decompilation and the purposes therefore.
j. Extending the Use of Software to any person or entity other than You as a function of providing services, (i.e.; making the Software
available through a commercial timesharing or service bureau) must be authorized in writing by HP prior to such Use and may require
additional licenses and fees. You may not distribute, resell, or sublicense the Software.
k. Notwithstanding anything in this Agreement to the contrary, all or any portion of the Software which constitutes Ancillary Software is
licensed to You subject to the terms and conditions of the Software license agreement accompanying such Ancillary Software, whether
in the form of a separate agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Ancillary
Software by You shall be governed entirely by the terms and conditions of such license and, with respect to HP, by the limitations and
disclaimers of sections 3 and 5 hereof. HP has identified any Ancillary Software by either noting the Ancillary Software provider's
ownership within each Ancillary Software program file and/or by providing information in the “ancillary.txt” or “readme” file that is
provided as part of the installation of the Software. The Ancillary Software licenses are also set forth in the “ancillary.txt” or “readme”
file. By accepting the terms and conditions of this Agreement, You are also accepting the terms and conditions of each Ancillary
Software license in the ancillary.txt or “readme” file. If the Software includes Ancillary Software licensed under the GNU General Public
License and/or under the GNU Lesser General Pubic License ("GPL Software"), a complete machine-readable copy of the GPL Software
Source Code ("GPL Source Code") is either: (i) included with the Software that is delivered to You; or (ii) upon your written request,
HP will provide to You, for a fee covering the cost of distribution, a complete machine-readable copy of the GPL Source Code, by mail,
or (iii) if You obtained the Software by downloading it from a HP website and neither of the preceding options are available, you may
download the GPL Source Code from the same website. Information about how to make a written request for GPL Source Code may
be found in the ancillary.txt file or, if an address is not listed in that file, at the following website: http://www.hp.com/.
3. WARRANTY
(i) IF SOFTWARE IS PROVIDED WITHOUT A LICENSE FEE, THE FOLLOWING AS-IS WARRANTY STATEMENT APPLIES TO THE SOFTWARE
DISCLAIMER OF WARRANTIES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITH ALL
FAULTS, AND HEREBY DISCLAIM ALL INDEMNITIES, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, WHETHER BY STATUE,
COMMON LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT,
ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF
LACK OF VIRUSES. HP does not warrant that the operation of Software will be uninterrupted or error free or that the Software will meet Your
requirements. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so
the above disclaimer may not apply to You in its entirety.
(ii) IF SOFTWARE IS PROVIDED FOR A LICENSE FEE, THE FOLLOWING LIMITED WARRANTY APPLIES TO THE SOFTWARE:
a. HP Branded Software will materially conform to its Specifications. If a warranty period is not specified for HP Branded Software, the
warranty period will be ninety (90) days from the delivery date, or the date of installation if installed by HP. If You schedule or delay