4.TRANSFER.
a.Third Party Transfer. The initial end user of the HP Software may make a
b.Restrictions. You may not rent, lease or lend the HP Software or Use the HP Software for commercial timesharing or bureau use. You may not sublicense, assign or otherwise transfer the HP Software except as expressly provided in this EULA.
5.PROPRIETARY RIGHTS. All intellectual property rights in the Software and User Documentation are owned by HP or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software.
6.LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the HP Software, except and only to the extent that the right to do so is allowed under applicable law.
7.CONSENT TO USE OF DATA. HP and its affiliates may collect and use technical information you provide in relation to (i) your Use of the Software or the HP Product, or (ii) the provision of support services related to the Software or the HP Product. All such information will be subject to HP’s privacy policy. HP will not use such information in a form that personally identifies you except to the extent necessary to enhance your Use or provide support services.
8.LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of HP and its suppliers under this EULA and your exclusive remedy under this EULA will be limited to the greater of the amount actually paid by you for the Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9.U.S. GOVERNMENT CUSTOMERS. Software was developed entirely at private expense. All Software is commercial computer software within the meaning of the applicable acquisition regulations. Accordingly, pursuant to US FAR 48 CFR 12.212 and DFAR 48 CFR 227.7202, use, duplication and disclosure of the Software by or for the U.S. Government or a U.S. Government subcontractor is subject solely to the terms and conditions set forth in this End User License Agreement, except for provisions which are contrary to applicable mandatory federal laws.
10.COMPLIANCE WITH EXPORT LAWS. You will comply with all laws, rules, and regulations (i) applicable to the export or import of the Software, or (ii) restricting the Use of the Software, including any restrictions on nuclear, chemical, or biological weapons proliferation.
11.RESERVATION OF RIGHTS. HP and its suppliers reserve all rights not expressly granted to you in this EULA.
© 2009
Rev. 04/09
8 Chapter 1 Service and support | ENWW |
