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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.
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