8
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.
12. COMPLIANCE WITH EXPORT LAWS. You shall comply
with all laws and regulations of the United States and other
countries/regions ("Export Laws") to assure that the
Software Product is not (1) exported, directly or indirectly, in
violation of Export Laws, or (2) used for any purpose
prohibited by Export Laws, including, without limitation,
nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT. You
represent that you are of the legal age of majority in your
state of residence and, if applicable, you are duly
authorized by your employer to enter into this contract.
14. APPLICABLE LAW. This EULA is governed by the laws of
the State of California, U.S.A.
15. ENTIRE AGREEMENT. This EULA (including any
addendum or amendment to this EULA which is included with
the HP Product) is the entire agreement between you and HP
relating to the Software Product and it supersedes all prior or
contemporaneous oral or written communications, proposals
and representations with respect to the Software Product or
any other subject matter covered by this EULA. To the extent
the terms of any HP policies or programs for support services
conflict with the terms of this EULA, the terms of this EULA shall
control.
Rev. 10/03
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