PLEASE READ CAREFULLY, AS THE TERMS AND CONDITIONS THAT FOLLOW
HAVE CHANGED FROM PREVIOUS VERSIONS AVAILABLE WITH THE SOFTWARE:
THE USE OF SOFTWARE AVAILABLE AT THIS SITE IS SUBJECT TO THE
TERMS AND CONDITIONS THAT FOLLOW. IF YOU AGREE TO THESE TERMS,
PLEASE CHOOSE THE "I ACCEPT" OPTION LOCATED ADJACENT TO THE
SCREEN WHERE THIS AGREEMENT IS DISPLAYED. IF YOU DO NOT AGREE TO
THESE LICENSE TERMS, PLEASE CHOOSE THE "I DO NOT ACCEPT" OPTION
AND DO NOT USE THE SOFTWARE OR DOWNLOAD ANY SOFTWARE FROM THIS
SITE.
End User License Agreement
This End-User license Agreement ("EULA") is a legal agreement between (a) you
(either an individual or a single entity) and (b) Hewlett-Packard Company ("HP")
that governs your use of any Software Product, installed on or made available by
HP for use with your personal computer, 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 Software 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, IF THE SOFTWARE PRODUCT IS PROVIDED TO YOU VIA THE INTERNET,
TO CEASE DOWNLOAD OR USE; OR, IF APPLICABLE; RETURN THE ENTIRE
UNUSED SOFTWARE PRODUCT 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. (NOTICE - special amended terms replace this section 1.a. for
RSG software; see section 15 below.)
b. Storage. You may copy the Software Product into the local memory or storage
device of Your Computer.
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. If any software recovery solution were provided with/for
Your Computer, 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, then it may only be used for
restoring the hard disk of the HP computer 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.
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 ("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. Special Amended terms for HP Remote Graphics Software (RGS):
15.a. For HP RGS Receiver, Section 1.a. above is replaced by the following:
1.a. Use. You may use the Software Product on multiple computers which
are supported by the Software Product. 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 personal computer's temporary memory (RAM) for purposes of using the
Software Product.
15.b For HP RGS Sender, Section 1.a. above is replaced by the following:
1.a. Use. You may use the Software Product on computers certified by HP which
are supported by the Software Product. The Software Product must be used in
strict compliance with the license parameters in your HP-supplied License Key.
At no time can the number of simultaneously executing versions of the Software
Product exceed the quantity of licenses purchased. If Your Computer executes
multiple user desktop sessions, each concurrent user desktop session requires an
HP Remote Graphics Software product license. 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.
16. NOTICE REGARDING THE MPEG-4 VISUAL STANDARD. The software installed
on this device may include MPEG-4 visual decoding technology. MPEG LA, L.L.C.
requires the following notice:
USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4
VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE DIRECTLY RELATED
TO (A) DATA OR INFORMATION (i) GENERATED BY AND OBTAINED WITHOUT
CHARGE FROM A CONSUMER NOT THEREBY ENGAGED IN A BUSINESS
ENTERPRISE, AND (ii) FOR PERSONAL USE ONLY; AND (B) OTHER USES
SPECIFICALLY AND SEPARATELY LICENSED BY MPEG LA, LLC.
If you have any questions regarding this Notice, please contact MPEG LA, L.L.C.,
250 Steele Street, Suite 300, Denver, Colorado 80206; Telephone 303 331 1880;
FAX 303 331 1879
17. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this
EULA which is included with the Software 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, including without limitation the EULA dated October 2003. 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 2008 Hewlett-Packard 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. 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. HP shall not be liable for
technical or editorial errors or omissions contained herein.
Rev. 11/19/08
*518882-001*