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3. ADDITIONAL SOFTWARE. This EULA applies to updates
or supplements to the original Software Product provided by
HP unless HP provides other terms along with the update or
supplement. In case of a conflict between such terms, the
other terms will prevail.
4. TRANSFER.
a. Third Party. The initial user of the Software Product may
make a one-time transfer of the Software Product to another
end user. Any transfer must include all component parts,
media, printed materials, this EULA, and if applicable, the
Certificate of Authenticity. The transfer may not be an
indirect transfer, such as a consignment. Prior to the transfer,
the end user receiving the transferred product must agree to
all the EULA terms. Upon transfer of the Software Product,
your license is automatically terminated.
b. Restrictions. You may not rent, lease, or lend the Software
Product or use the Software Product for commercial
timesharing or bureau use. You may not sublicense, assign
or transfer the license or Software Product except as
expressly provided in this EULA.
5. PROPRIETARY RIGHTS. All intellectual property rights in
the Software Product and user documentation are owned by
HP or its suppliers and are protected by law, including but
not limited to United States copyright, trade secret, and
trademark law, as well as other applicable laws and
international treaty provisions. You shall not remove any
product identification, copyright notices, or proprietary
restrictions from the Software Product.
6. LIMITATION ON REVERSE ENGINEERING. You may not
reverse engineer, decompile, or disassemble the Software
Product, except and only to the extent that the right to do so
is mandated under applicable law notwithstanding this
limitation or it is expressly provided for in this EULA.
7. TERM. This EULA is effective unless terminated or
rejected. This EULA will also terminate upon conditions set
forth elsewhere in this EULA or if you fail to comply with any
term or condition of this EULA.
8. CONSENT TO USE OF DATA. You agree that HP and
its affiliates may collect and use technical information
you provide in relation to support services related to the
Software Product. HP agrees not to use this information in
a form that personally identifies you except to the extent
necessary to provide such services.
9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS
SUPPLIERS PROVIDE THE SOFTWARE PRODUCT “AS IS”
AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL
OTHER WARRANTIES AND CONDITIONS, EITHER
EXPRESS, IMPLIED, OR STATUTORY, 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 ALL WITH REGARD TO THE SOFTWARE
PRODUCT. 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.
10. LIMITATION OF LIABILITY. Notwithstanding any
damages that you might incur, the entire liability of HP and
any of its suppliers under any provision of this EULA 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 Product 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 CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR
PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF
OR INABILITY TO USE THE SOFTWARE PRODUCT, OR
OTHERWISE IN CONNECTION WITH ANY PROVISION
OF THIS EULA), 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.
11. U.S. GOVERNMENT CUSTOMERS. Consistent with
FAR 12.211 and 12.212, Commercial Computer Software,
Computer Software Documentation, and Technical Data for
Commercial Items are licensed to the U.S. Government
under HP’s standard commercial license.