| HPE End User License Agreement – Enterprise Version |
| |
| 1. Applicability. This end user license agreement (the "Agreement") governs |
| the use of accompanying software, unless it is subject to a separate |
| agreement between you and Hewlett Packard Enterprise Company and its |
| subsidiaries (“HPE”). By downloading, copying, or using the software you |
| agree to this Agreement. HPE provides translations of this Agreement in |
| certain languages other than English, which may be found at: |
| http://www.hpe.com/software/SWLicensing. |
| |
| 2. Terms. This Agreement includes supporting material accompanying the |
| software or referenced by HPE, which may be software license |
| information, additional license authorizations, software specifications, |
| published warranties, supplier terms, open source software licenses and |
| similar content ("Supporting Material"). Additional license |
| authorizations are at: http://www.hpe.com/software/SWLicensing. |
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| 3. Authorization. If you agree to this Agreement on behalf of another |
| person or entity, you warrant you have authority to do so. |
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| 4. Consumer Rights. If you obtained software as a consumer, nothing in this |
| Agreement affects your statutory rights. |
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| 5. Electronic Delivery. HPE may elect to deliver software and related |
| software product or license information by electronic transmission or |
| download. |
| |
| 6. License Grant. If you abide by this Agreement, HPE grants you a |
| non-exclusive non-transferable license to use one copy of the version or |
| release of the accompanying software for your internal purposes only, |
| and is subject to any specific software licensing information that is in |
| the software product or its Supporting Material. |
| |
| Your use is subject to the following restrictions, unless specifically |
| allowed in Supporting Material: |
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| * You may not use software to provide services to third parties. |
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| * You may not make copies and distribute, resell or sublicense software |
| to third parties. |
| |
| * You may not download and use patches, enhancements, bug fixes, or |
| similar updates unless you have a license to the underlying software. |
| However, such license doesn't automatically give you a right to receive |
| such updates and HPE reserves the right to make such updates only |
| available to customers with support contracts. |
| |
| * You may not copy software or make it available on a public or external |
| distributed network. |
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| * You may not allow access on an intranet unless it is restricted to |
| authorized users. |
| |
| * You may make one copy of the software for archival purposes or when it |
| is an essential step in authorized use. |
| |
| * You may not modify, reverse engineer, disassemble, decrypt, decompile |
| or make derivative works of software. If you have a mandatory right to |
| do so under statute, you must inform HPE in writing about such |
| modifications. |
| |
| 7. Remote Monitoring. Some software may require keys or other technical |
| protection measures and HPE may monitor your compliance with the |
| Agreement, remotely or otherwise. If HPE makes a license management |
| program for recording and reporting license usage information, you will |
| use such program no later than 180 days from the date it's made |
| available. |
| |
| 8. Ownership. No transfer of ownership of any intellectual property will |
| occur under this Agreement. |
| |
| 9. Copyright Notices. You must reproduce copyright notices on software and |
| documentation for authorized copies. |
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| 10. Operating Systems. Operating system software may only be used on |
| approved hardware and configurations. |
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| 11. 90-day Limited Warranty for HPE Software. |
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| * HPE-branded software materially conforms to its specifications, if any, |
| and is free of malware at the time of delivery; if you notify HPE |
| within 90 days of delivery of non-conformance to this warranty, HPE |
| will replace your copy. This Agreement states all remedies for warranty |
| claims. |
| |
| * HPE does not warrant that the operation of software will be |
| uninterrupted or error free, or that software will operate in hardware |
| and software combinations other than as authorized by HPE in Supporting |
| Material. To the extent permitted by law, HPE disclaims all other |
| warranties. |
| |
| 12. Intellectual Property Rights Infringement. HPE will defend and/or |
| settle any claims against you that allege that HPE-branded software as |
| supplied under this Agreement infringes the intellectual property |
| rights of a third party. HPE will rely on your prompt notification of |
| the claim and cooperation with our defense. HPE may modify the software |
| so as to be non-infringing and materially equivalent, or we may procure |
| a license. If these options are not available, we will refund to you |
| the amount paid for the affected product in the first year or the |
| depreciated value thereafter. HPE is not responsible for claims |
| resulting from any unauthorized use of the software. |
| |
| 13. Limitation of Liability. HPE's liability to you under this Agreement is |
| limited to the amount actually paid by you to HPE for the relevant |
| software, except for amounts in Section 12 ("Intellectual Property |
| Rights Infringement"). Neither you nor HPE will be liable for lost |
| revenues or profits, downtime costs, loss or damage to data or |
| indirect, special or consequential costs or damages. This provision |
| does not limit either party's liability for: unauthorized use of |
| intellectual property, death or bodily injury caused by their |
| negligence; acts of fraud; willful repudiation of the Agreement; or any |
| liability that may not be excluded or limited by applicable law. |
| |
| 14. Termination. This Agreement is effective until terminated or in the |
| case of a limited-term license, upon expiration; however, your rights |
| under this Agreement terminate if you fail to comply with it. |
| Immediately upon termination or expiration, you will destroy the |
| software and documentation and any copies, or return them to HPE. You |
| may keep one copy of software and documentation for archival purposes. |
| We may ask you to certify in writing you have complied with this |
| section. Warranty disclaimers, the limitation of liability, this |
| section on termination, and Section 15 ("General") will survive |
| termination. |
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| 15. General. |
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| a. Assignment. You may not assign this Agreement without prior written |
| consent of HPE, payment of transfer fees and compliance with HPE's |
| software license transfer policies. Authorized assignments will |
| terminate your license to the software and you must deliver software |
| and documentation and copies thereof to the assignee. The assignee |
| will agree in writing to this Agreement. You may only transfer |
| firmware if you transfer associated hardware. |
| |
| b. U.S. Government. If the software is licensed to you 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 HPE's standard commercial license. |
| |
| c. Global Trade Compliance. You agree to comply with the trade-related |
| laws and regulations of the U.S. and other national governments. If |
| you export, import or otherwise transfer products provided under this |
| Agreement, you will be responsible for obtaining any required export |
| or import authorizations. You confirm that you are not located in a |
| country that is subject to trade control sanctions (currently Cuba, |
| Iran, N. Korea, N. Sudan, and Syria) and further agree that you will |
| not retransfer the products to any such country. HPE may suspend its |
| performance under this Agreement to the extent required by laws |
| applicable to either party. |
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| d. Audit. HPE may audit you for compliance with the software license |
| terms. Upon reasonable notice, HPE may conduct an audit during normal |
| business hours (with the auditor's costs being at HPE's expense). If |
| an audit reveals underpayments then you will pay to HPE such |
| underpayments. If underpayments discovered exceed five (5) percent, |
| you will reimburse HPE for the auditor costs. |
| |
| e. Open Source Components. To the extent the Supporting Material includes |
| open source licenses, such licenses shall control over this Agreement |
| with respect to the particular open source component. To the extent |
| Supporting Material includes the GNU General Public License or the |
| GNU Lesser General Public License: (a) the software includes a copy of |
| the source code; or (b) if you downloaded the software from a website, |
| a copy of the source code is available on the same website; or (c) if |
| you send HPE written notice, HPE will send you a copy of the source |
| code for a reasonable fee. |
| |
| f. Notices. Written notices under this Agreement may be provided to HPE |
| via the method provided in the Supporting Material. |
| |
| g. Governing Law. This Agreement will be governed by the laws of the |
| state of California, U.S.A., excluding rules as to choice and conflict |
| of law. You and HPE agree that the United Nations Convention on |
| Contracts for the International Sale of Goods will not apply. |
| |
| h. Force Majeure. Neither party will be liable for performance delays nor |
| for non-performance due to causes beyond its reasonable control, |
| except for payment obligations. |
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| i. Entire Agreement. This Agreement represents our entire understanding |
| with respect to its subject matter and supersedes any previous |
| communication or agreements that may exist. Modifications to the |
| Agreement will be made only through a written amendment signed by both |
| parties. If HPE doesn't exercise its rights under this Agreement, such |
| delay is not a waiver of its rights. |
| |
| 16. Australian Consumers. If you acquired the software as a consumer within |
| the meaning of the 'Australian Consumer Law' under the Australian |
| Competition and Consumer Act 2010 (Cth) then despite any other |
| provision of this Agreement, the terms at this URL apply: |
| http://www.hpe.com/software/SWLicensing. |
| |
| 17. Russian Consumers. If you are based in the Russian Federation and the |
| rights to use the software are provided to you under a separate license |
| and/or sublicense agreement concluded between you and a duly authorized |
| HPE partner, then this Agreement shall not be applicable. |
| |
| HPE End User License Agreement – Enterprise Version |
| |
| 5012-3777 v1.5, 2016 |
| © Copyright 2015 Hewlett Packard Enterprise Development LP |