This End-User license Agreement ("EULA")
is a legal agreement between (a) you (either an individual or a single entity)
and (b) HP Inc. ("HP") that governs your use of any Software Product,
installed on or made available by HP for use with your HP product ("HP
Product"), that is not otherwise subject to a separate license agreement
between you and HP or its suppliers. Other software may contain a EULA in its
online documentation. The term "Software Product" means computer
software and may include associated media, printed materials and
"online" or electronic documentation.
An
amendment or addendum to this EULA may accompany the HP Product.
RIGHTS IN THE SOFTWARE PRODUCT
ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF
THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE
PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT
THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED PRODUCT
(HARDWARE AND SOFTWARE) WITHIN 14 DAYS FOR A REFUND SUBJECT TO THE REFUND
POLICY OF YOUR PLACE OF PURCHASE.
1. GRANT OF LICENSE. HP grants you the following rights provided you
comply with all terms and conditions of this EULA:
a.
Use. You may use the Software Product on
a single computer ("Your Computer"). If the Software Product is
provided to you via the internet and was originally licensed for use on more
than one computer, you may install and use the Software Product only on those
computers. You may not separate component parts of the Software Product for use
on more than one computer. You do not have the right to distribute the Software
Product. You may load the Software Product into Your Computer's temporary
memory (RAM) for purposes of using the Software Product.
b.
Storage. You may copy the Software
Product into the local memory or storage device of the HP Product.
c.
Copying. You may make archival or
back-up copies of the Software Product, provided the copy contains all of the
original Software Product's proprietary notices and that it is used only for
back-up purposes.
d.
Reservation of Rights. HP and its
suppliers reserve all rights not expressly granted to you in this EULA.
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. By using the Software Product, you also
agree that HP may automatically access your HP Product when connected to the
internet to check the version or status of certain Software Products and may
automatically download and install upgrades or updates to such Software
Products on to your HP Product to provide new versions or updates required to
maintain the functionality, performance, or security of the HP Software and
your HP Product and facilitate the provision of support or other services
provided to you. In certain cases, and depending on the type of upgrade or
update, notifications will be provided to you (via pop-up or other means),
which may require you to initiate the upgrade or update.
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 COLLECTION/USE OF DATA.
a.
HP will use cookies and other web technology tools to collect anonymous
technical information related to HP Software and your HP Product. This data
will be used to provide the upgrades and related support or other services
described in Section 2. HP will also collect personal information including
your Internet Protocol address or other unique identifier information
associated with your HP Product and data provided by you on registration of
your HP Product. As well as providing the upgrades and related support or other
services, this data will be used for sending marketing communications to you
(in each case with your express consent where required by applicable law).
To the
extent permitted by applicable law, by accepting these terms and conditions you
consent to the collection and use of anonymous and personal data by HP, its
subsidiaries, and affiliates as described in this EULA and as further described
in HP’s privacy policy www.hp.com/go/privacy.
b.
Collection/Use by Third Parties. Certain
software programs included in your HP Product are provided and separately
licensed to you by third party providers (“Third Party Software”). Third Party
Software may be installed and operational on your HP Product even if you choose
not to activate/purchase such software. Third Party Software may collect and
transmit technical information about your system (i.e., IP address, unique
device identifier, software version installed, etc.) and other system data.
This information is used by the third party to identify technical system
attributes and ensure that the most current version of the software has been
installed on your system. If you do not want the Third Party Software to
collect this technical information or automatically send you version updates,
you should uninstall the software prior to connecting to the Internet.
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, GUARANTEES, AND CONDITIONS, EITHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES, GUARANTEES, OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, 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.
IN AUSTRALIA AND NEW ZEALAND,
THE SOFTWARE COMES WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN AND
NEW ZEALAND CONSUMER LAWS. AUSTRALIAN CONSUMERS ARE ENTITLED TO A REPLACEMENT
OR A REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR OTHER REASONABLY
FORESEEABLE LOSS OR DAMAGE. AUSTRALIAN CONSUMERS ARE ALSO ENTITLED TO HAVE THE
SOFTWARE REPAIRED OR REPLACED IF IT FAILS TO BE OF ACCEPTABLE QUALITY AND THE
FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. NEW ZEALAND CONSUMERS WHO ARE
PURCHASING GOODS FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION AND NOT
FOR THE PURPOSE OF A BUSINESS (“NEW ZEALAND CONSUMERS”) ARE ENTITLED TO REPAIR,
REPLACEMENT OR REFUND FOR A FAILURE AND COMPENSATION FOR OTHER REASONABLY
FORESEEABLE LOSS OR DAMAGE.
10.
LIMITATION OF LIABILITY. Subject to local law, 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 ("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 country in which the equipment was purchased.
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.
© Copyright 2015 HP Development
Company, L.P.
The information contained herein
is subject to change without notice. All other product names mentioned herein
may be trademarks of their respective companies. To the extent permitted by
applicable law, the only warranties for HP products and services are set forth
in the express warranty statements accompanying such products and services.
Nothing herein should be construed as constituting an additional warranty. To
the extent permitted by applicable law, HP shall not be liable for technical or
editorial errors or omissions contained herein.
First
Edition: August 2015
817678-001