Software Licensing Agreement for Required HP-UX Patches

ATTENTION: USE OF THE HP CD-RW DRIVE SOFTWARE (the “SOFTWARE”) IS SUBJECT TO BOTH THE HP LICENSE AND WARRANTY TERMS SET FORTH BELOW AS WELL AS THE OPEN SOURCE LICENSE TERMS IN THE PHYSICAL MEDIA. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF ALL OF THESE LICENSE TERMS. IF YOU DO NOT ACCEPT ALL OF THESE LICENSE TERMS, YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND.

This Software contains HP proprietary software, including kernel patches known as PHKL_24282 and PHKL_24283, (the “HP Software”) as well as Open Source software, including CD Record and X-CD Roast (the”Open Source Software”). License and warranty terms associated with the Open Source Software appear in files with the Open Source Software on this CD. By using this Software, you are expressly agreeing to comply with all the license terms accompanying the Software.

The HP Software License and Warranty Terms which appear below apply to the HP Software which is proprietary to HP or over which HP intends to assert an ownership right and does not apply to or override, expressly or by implication, the terms associated with the Open Source Software.

HP SOFTWARE LICENSE AND WARRANTY TERMS

The following terms govern your use of the accompanying HP Software unless you have a separate written agreement with HP.

License Grant. HP grants you a license to Use one copy of the Software. “Use” means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software. If the Software is licensed for “concurrent use”, you may not allow more than the maximum number of authorized users to Use the Software concurrently.

Ownership. The Software is owned and copyrighted by HP or its third party suppliers. Your license confers no title to, or ownership in, the Software and is not a sale of any rights in the Software. HP's third party suppliers may protect their rights in the event of any violation of these License and Warranty Terms.

Copies and Adaptations. You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any public network.

No Disassembly or Decryption. You may not disassemble or decompile the Software unless HP's prior written consent is obtained. In some jurisdictions, HP's consent may not be required for limited disassembly or decompilation though may still be subject to contractual restrictions. Upon request, you will provide HP with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.

Transfer. Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License and Warranty Terms as a condition to the transfer.

Termination. HP may terminate your license upon notice for failure to comply with any of these License and Warranty Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.

Export Requirements. You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.

U.S. Government Restricted Rights. The Software and any accompanying documentation have been developed entirely at private expense. “The Software is a “commercial item” as that term is defined in FAR 2.101 consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212. Consistent with policy set forth in FAR 12.212 and DFAR 227.7202-3, HP's customary commercial license terms shall pertain to the federal government's use and disclosure of the Software.”