10
e. Freeware. Notwithstanding the terms and conditions of
this EULA, all or any portion of the Software Product which
constitutes non-proprietary HP software or software provided
under public license by third parties (”Freeware”), is
licensed to you subject to the terms and conditions of the
software license agreement accompanying such Freeware
whether in the form of a discrete agreement, shrink wrap
license or electronic license terms accepted at time of
download. Use of the Freeware by you shall be governed
entirely by the terms and conditions of such license.
f. Recovery Solution. Any software recovery solution
provided with/for your HP Product, whether in the form of
a hard disk drive-based solution, an external media-based
recovery solution (e.g. floppy disk, CD or DVD) or an
equivalent solution delivered in any other form, may only be
used for restoring the hard disk of the HP Product with/for
which the recovery solution was originally purchased. The
use of any Microsoft
®
operating system software contained
in such recovery solution shall be governed by the Microsoft
License Agreement.
2. UPGRADES. To use a Software Product identified as an
upgrade, you must first be licensed for the original Software
Product identified by HP as eligible for the upgrade. After
upgrading, you may no longer use the original Software
Product that formed the basis for your upgrade eligibility.
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.
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