HPjmeter 4.3 User's Guide
5. LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that You might incur, and except for damages for bodily injury (including death) and for the amounts in section
4.a, the entire aggregate liability of HP and any of its suppliers relating to the Software or this Agreement, and Your exclusive remedy for
all of the foregoing, shall be limited to the greater of the amount actually paid by You separately for the Software or U.S. $5.00. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR
REVENUES, BUSINESS INTERRUPTION, DOWNTIME COSTS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS, DISCLOSURE, UNAVAILABILITY
OF OR DAMAGE TO DATA, SOFTWARE RESTORATION, OR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE
USE OF OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN
IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
6. TERMINATION
This Agreement is effective unless terminated or rejected. Notwithstanding the foregoing, this Agreement will also terminate upon conditions
set forth elsewhere in this Agreement or if You fail to comply with any term or condition hereof. Immediately upon termination You will destroy
the Software and all copies of the Software or return them to HP. You may retain one copy of the Software subsequent to termination solely
for archival purposes only. At HP’s request, You will certify in writing to HP that You have complied with these requirements. Sections 3.(i),
3.(ii) g, 5, 6 and 7 of this Agreement will survive termination of this Agreement.
7. GENERAL
a. You may not assign, sublicense, delegate or otherwise transfer (“Assign”) all or any part of this Agreement without prior written consent
from HP, payment to HP of any applicable fees, and compliance with HP's Software license transfer policies and any applicable third
party license terms. Any such attempted Assignment will be null and void. Where an authorized Assignment occurs in accordance with
this section, Your rights under this Agreement will terminate, and You will immediately deliver the Software and all copies to the
Assignee. The Assignee must agree in writing to the terms of this Agreement, and the transferee thereafter will be considered “You”
for purposes of this Agreement. You may transfer firmware only upon transfer of the associated hardware.
b. If the Software is licensed for use in the performance of a U.S. Government prime contract or subcontract, You agree that, consistent
with FAR 12.211 and 12.212, commercial computer Software, computer Software documentation and technical data for commercial
items are licensed under HP’s standard commercial license.
c. To the extent You export, re-export, or import Software, technology, or technical data licensed or provided hereunder, You assume
sole responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations.
HP may suspend performance if You are in violation of any applicable laws or regulations.
d. You agree that HP may audit Your compliance with this Agreement. Any such audit would be at HP’s expense, require reasonable
notice, and would be performed during normal business hours. If an audit reveals underpayments then You will immediately pay HP
such underpayments together with the costs reasonably incurred by HP in connection with the audit and seeking compliance with this
section.
e. This Agreement is governed by the laws of the State of California, U.S.A., excluding rules as to choice and conflict of law. You and
HP agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
f. Subject to the other terms and conditions of this Agreement, this Agreement is the entire agreement between HP and You regarding
Your Use of the Software, and supersedes and replaces any previous communications, representations, or agreements, or Your additional
or inconsistent terms, whether oral or written. In the event any provision of this Agreement is held invalid or unenforceable the remainder
of the Agreement will remain enforceable and unaffected thereby.
g. HP’s failure to exercise or delay in exercising any of its rights under this Agreement will not constitute or be deemed a waiver or
forfeiture of those rights.
HPjmeter v4.3 Ancillary Software Licenses
The following Ancillary Software is included in or with the Software:
1. ASM 4.0.0
2. Jfreechart 1.0.14
3. Oracle Help for Java 5.0.0.433
4. JSch - Java Secure Channel
(1) ASM (v4.0.0) - ASM v4.0.0 License