READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE.
1. This license agreement (the “Agreement”) states the terms between you (“You” or “Your”) and Hewlett-Packard Company and its subsidiaries (“HP”) for the software that You download from HP’s website (the “Software”). By downloading, copying, or using the Software You agree to this Agreement. If You do not agree to be bound by the terms of this Agreement, do not click on “I Agree” below and do not download, install, copy, or use the Software.
2. Terms. This Agreement includes supporting terms and information referenced by HP, 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 available at: http://www.hp.com/go/SWLicensing.
3. Authorization. If you agree to this Agreement on behalf of another person or entity, you warrant you have authority to do so. This Agreement will be enforceable against You and any entity for which you download, install or use the Product.
4. Consumer Rights. If you obtained the Software as a consumer, nothing in this Agreement affects your statutory rights.
5. License Grant. As long as you comply with this Agreement, HP grants You a non-exclusive non-transferable license to use one copy of the version or release of the Software only for Your organization’s internal purposes; such use is subject to any specific software licensing information located in the Software product or its Supporting Material.
Your use is subject to the following restrictions, unless specifically allowed in Supporting Material:
• You may not use software to provide services to third parties.
• You may not distribute, resell, share 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. Such license does not give you a right to receive such updates.
• You may not copy the Software or make it available on a public or external distributed network.
• You may not allow access on an Intranet unless it is restricted to authorized users.
• You may copy the Software for archival purposes or when it is an essential step in authorized use so long as You retain any product identification, trademark, copyright or other notices in the Software.
• You may not modify, reverse engineer, disassemble, decrypt, decompile or make derivative works of the Software. If you have a right to do so under law, you must first inform HP in writing about such modifications.
• disclose to any third party performance information or analysis (including, without limitation, benchmarks and performance tests) from any source relating to the Software;
• use the Software not in compliance with the authorizations and restrictions for the specific Software found at http://www.hp.com/go/SWLicensing.
6. Remote Monitoring. Some software may require keys or other technical protection measures and HP may monitor your compliance with the Agreement, remotely or otherwise. If HP 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.
7. Ownership. No transfer of ownership of any intellectual property in the Software and any derivative works thereof will occur under this Agreement. All rights not granted are reserved.
8. Disclaimer of Warranties. THE SOFTWARE AND ALL RELATED COMPONENTS ARE PROVIDED “AS IS.” TO THE FULL EXTENT PERMITTED BY LAW, HP AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY, LEGAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY OTHER WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
9. Intellectual Property Rights Infringement. HP will defend and/or settle any claims against you that allege that HP-branded software as supplied under this Agreement infringes the intellectual property rights of a third party. HP will rely on your prompt notification of the claim and cooperation with our defense. HP 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. HP is not responsible for claims resulting from any unauthorized use of the software.
10. Limitation of Liability. HP’s liability to you under this Agreement is limited to the amount actually paid by you to HP for the relevant software, except for amounts in Section 9 (“Intellectual Property Rights Infringement”). Neither you nor HP 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 its negligence; acts of fraud; willful repudiation of the Agreement; or any liability that may not be excluded or limited by applicable law.
11. 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 to them to HP. 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 termination provision, and Section 15 (“General”) survive termination. Warranty disclaimers, Section 9 (“Intellectual Property Infringement”), the limitation of liability, this termination provision, and Section 12 (“General”) each survive termination.
a. Assignment. You may not assign this Agreement without prior written consent of HP, payment of transfer fees and compliance with HP’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. You must first obtain the assignee’s agreement in writing to comply with 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 HP’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 (such as Cuba, Iran, N. Korea, N. Sudan, and Syria) and further agree that you will not re-transfer or allow the re-transfer of the Software to any such country. HP may suspend its performance under this Agreement to the extent required by laws applicable to either party. The Software is restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the U.S. government. Please refer to the Export Administration Regulations Website maintained by the U.S. Government Printing Office for further information, located at: http://www.access.gpo.gov/bis/index.html.
d. Audit. HP may audit you for compliance with the software license terms. Upon reasonable notice, HP may conduct an audit during normal business hours (with the audit cost at HP’s expense). If an audit reveals underpayments then you will promptly pay to HP such underpayments. If underpayments exceed five (5) percent, you will reimburse HP for the audit costs.
e. Governing Law. This Agreement will be governed by the laws of the state of California, U.S.A., excluding rules as to choice and conflicts of law. You and HP agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
f. Force Majeure. Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control, except for payment obligations.
g. Entire Agreement. This Agreement represents the 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 HP doesn’t exercise its rights under this Agreement, such delay is not a waiver of its rights.
13. 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:
a. the software comes with guarantees that cannot be excluded under the Australian Consumer Law, including that goods will be of acceptable quality and services will be supplied with due care and skill. If HP fails to comply with any such consumer guarantee, HP’s liability is limited to the following:
(1) in connection with the provision of warranty and support services for the software, to any one or more of the following (at HP’s discretion):
• the supplying of the services again; or
• the payment of the costs of having the services supplied again; and
(2) in connection with the provision of the software, to any one or more of the following (at HP’s discretion):
• the replacement of the software or the supply of equivalent software;
• the repair of the software;
• the payment of the costs of replacing the software or of acquiring equivalent software; or
• the payment of the costs of having the software repaired; and
(3) otherwise, to the maximum extent permitted by law.
b. nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited; and
c. the benefits provided to you by the warranties in this Agreement are in addition to other rights and remedies available to you under a law in relation to the goods or services to which the warranty relates.
d. The software may be capable of retaining user-generated data. HP hereby provides you with notice that if HP repairs your software, that repair may result in the loss of that data. To the full extent permitted by law, the limitations and exclusions of HP’s liability in this Agreement apply in respect of any such loss of data.
e. If you think that you are entitled to any warranty under this Agreement or any of the above remedies, please contact HP:
Hewlett-Packard Australia Pty Ltd
353 Burwood Highway
Forest Hill, VIC 3131
f. To initiate a support request or warranty claim, please call 13 10 47 (within Australia) or +61 2 8278 1039 (if dialing internationally) or visit www.hp.com.au and select the “Customer Service” option for the most current list of phone support numbers.