1 HPE End User License Agreement – Enterprise Version
3 1. Applicability. This end user license agreement (the "Agreement") governs
4 the use of accompanying software, unless it is subject to a separate
5 agreement between you and Hewlett Packard Enterprise Company and its
6 subsidiaries (“HPE”). By downloading, copying, or using the software you
7 agree to this Agreement. HPE provides translations of this Agreement in
8 certain languages other than English, which may be found at:
9 http://www.hpe.com/software/SWLicensing.
11 2. Terms. This Agreement includes supporting material accompanying the
12 software or referenced by HPE, which may be software license
13 information, additional license authorizations, software specifications,
14 published warranties, supplier terms, open source software licenses and
15 similar content ("Supporting Material"). Additional license
16 authorizations are at: http://www.hpe.com/software/SWLicensing.
18 3. Authorization. If you agree to this Agreement on behalf of another
19 person or entity, you warrant you have authority to do so.
21 4. Consumer Rights. If you obtained software as a consumer, nothing in this
22 Agreement affects your statutory rights.
24 5. Electronic Delivery. HPE may elect to deliver software and related
25 software product or license information by electronic transmission or
28 6. License Grant. If you abide by this Agreement, HPE grants you a
29 non-exclusive non-transferable license to use one copy of the version or
30 release of the accompanying software for your internal purposes only,
31 and is subject to any specific software licensing information that is in
32 the software product or its Supporting Material.
34 Your use is subject to the following restrictions, unless specifically
35 allowed in Supporting Material:
37 * You may not use software to provide services to third parties.
39 * You may not make copies and distribute, resell or sublicense software
42 * You may not download and use patches, enhancements, bug fixes, or
43 similar updates unless you have a license to the underlying software.
44 However, such license doesn't automatically give you a right to receive
45 such updates and HPE reserves the right to make such updates only
46 available to customers with support contracts.
48 * You may not copy software or make it available on a public or external
51 * You may not allow access on an intranet unless it is restricted to
54 * You may make one copy of the software for archival purposes or when it
55 is an essential step in authorized use.
57 * You may not modify, reverse engineer, disassemble, decrypt, decompile
58 or make derivative works of software. If you have a mandatory right to
59 do so under statute, you must inform HPE in writing about such
62 7. Remote Monitoring. Some software may require keys or other technical
63 protection measures and HPE may monitor your compliance with the
64 Agreement, remotely or otherwise. If HPE makes a license management
65 program for recording and reporting license usage information, you will
66 use such program no later than 180 days from the date it's made
69 8. Ownership. No transfer of ownership of any intellectual property will
70 occur under this Agreement.
72 9. Copyright Notices. You must reproduce copyright notices on software and
73 documentation for authorized copies.
75 10. Operating Systems. Operating system software may only be used on
76 approved hardware and configurations.
78 11. 90-day Limited Warranty for HPE Software.
80 * HPE-branded software materially conforms to its specifications, if any,
81 and is free of malware at the time of delivery; if you notify HPE
82 within 90 days of delivery of non-conformance to this warranty, HPE
83 will replace your copy. This Agreement states all remedies for warranty
86 * HPE does not warrant that the operation of software will be
87 uninterrupted or error free, or that software will operate in hardware
88 and software combinations other than as authorized by HPE in Supporting
89 Material. To the extent permitted by law, HPE disclaims all other
92 12. Intellectual Property Rights Infringement. HPE will defend and/or
93 settle any claims against you that allege that HPE-branded software as
94 supplied under this Agreement infringes the intellectual property
95 rights of a third party. HPE will rely on your prompt notification of
96 the claim and cooperation with our defense. HPE may modify the software
97 so as to be non-infringing and materially equivalent, or we may procure
98 a license. If these options are not available, we will refund to you
99 the amount paid for the affected product in the first year or the
100 depreciated value thereafter. HPE is not responsible for claims
101 resulting from any unauthorized use of the software.
103 13. Limitation of Liability. HPE's liability to you under this Agreement is
104 limited to the amount actually paid by you to HPE for the relevant
105 software, except for amounts in Section 12 ("Intellectual Property
106 Rights Infringement"). Neither you nor HPE will be liable for lost
107 revenues or profits, downtime costs, loss or damage to data or
108 indirect, special or consequential costs or damages. This provision
109 does not limit either party's liability for: unauthorized use of
110 intellectual property, death or bodily injury caused by their
111 negligence; acts of fraud; willful repudiation of the Agreement; or any
112 liability that may not be excluded or limited by applicable law.
114 14. Termination. This Agreement is effective until terminated or in the
115 case of a limited-term license, upon expiration; however, your rights
116 under this Agreement terminate if you fail to comply with it.
117 Immediately upon termination or expiration, you will destroy the
118 software and documentation and any copies, or return them to HPE. You
119 may keep one copy of software and documentation for archival purposes.
120 We may ask you to certify in writing you have complied with this
121 section. Warranty disclaimers, the limitation of liability, this
122 section on termination, and Section 15 ("General") will survive
127 a. Assignment. You may not assign this Agreement without prior written
128 consent of HPE, payment of transfer fees and compliance with HPE's
129 software license transfer policies. Authorized assignments will
130 terminate your license to the software and you must deliver software
131 and documentation and copies thereof to the assignee. The assignee
132 will agree in writing to this Agreement. You may only transfer
133 firmware if you transfer associated hardware.
135 b. U.S. Government. If the software is licensed to you for use in the
136 performance of a U.S. Government prime contract or subcontract, you
137 agree that, consistent with FAR 12.211 and 12.212, commercial computer
138 software, computer software documentation and technical data for
139 commercial items are licensed under HPE's standard commercial license.
141 c. Global Trade Compliance. You agree to comply with the trade-related
142 laws and regulations of the U.S. and other national governments. If
143 you export, import or otherwise transfer products provided under this
144 Agreement, you will be responsible for obtaining any required export
145 or import authorizations. You confirm that you are not located in a
146 country that is subject to trade control sanctions (currently Cuba,
147 Iran, N. Korea, N. Sudan, and Syria) and further agree that you will
148 not retransfer the products to any such country. HPE may suspend its
149 performance under this Agreement to the extent required by laws
150 applicable to either party.
152 d. Audit. HPE may audit you for compliance with the software license
153 terms. Upon reasonable notice, HPE may conduct an audit during normal
154 business hours (with the auditor's costs being at HPE's expense). If
155 an audit reveals underpayments then you will pay to HPE such
156 underpayments. If underpayments discovered exceed five (5) percent,
157 you will reimburse HPE for the auditor costs.
159 e. Open Source Components. To the extent the Supporting Material includes
160 open source licenses, such licenses shall control over this Agreement
161 with respect to the particular open source component. To the extent
162 Supporting Material includes the GNU General Public License or the
163 GNU Lesser General Public License: (a) the software includes a copy of
164 the source code; or (b) if you downloaded the software from a website,
165 a copy of the source code is available on the same website; or (c) if
166 you send HPE written notice, HPE will send you a copy of the source
167 code for a reasonable fee.
169 f. Notices. Written notices under this Agreement may be provided to HPE
170 via the method provided in the Supporting Material.
172 g. Governing Law. This Agreement will be governed by the laws of the
173 state of California, U.S.A., excluding rules as to choice and conflict
174 of law. You and HPE agree that the United Nations Convention on
175 Contracts for the International Sale of Goods will not apply.
177 h. Force Majeure. Neither party will be liable for performance delays nor
178 for non-performance due to causes beyond its reasonable control,
179 except for payment obligations.
181 i. Entire Agreement. This Agreement represents our entire understanding
182 with respect to its subject matter and supersedes any previous
183 communication or agreements that may exist. Modifications to the
184 Agreement will be made only through a written amendment signed by both
185 parties. If HPE doesn't exercise its rights under this Agreement, such
186 delay is not a waiver of its rights.
188 16. Australian Consumers. If you acquired the software as a consumer within
189 the meaning of the 'Australian Consumer Law' under the Australian
190 Competition and Consumer Act 2010 (Cth) then despite any other
191 provision of this Agreement, the terms at this URL apply:
192 http://www.hpe.com/software/SWLicensing.
194 17. Russian Consumers. If you are based in the Russian Federation and the
195 rights to use the software are provided to you under a separate license
196 and/or sublicense agreement concluded between you and a duly authorized
197 HPE partner, then this Agreement shall not be applicable.
199 HPE End User License Agreement – Enterprise Version
202 © Copyright 2015 Hewlett Packard Enterprise Development LP