HP Remote Device Access Software - Manual (Page 62)

given. Your rights under this Agreement will automatically terminate upon transfer. Notwithstanding
anything in the foregoing to the contrary, if You transfer a Device to a third party, You may transfer the
associated Firmware without additional written authorization from HP.
• HP may terminate this Agreement or your or any transferee's or sublicensee's rights under this
Agreement upon notice for failure to comply with its terms or conditions. Immediately upon any
termination, the Software and all copies of the Software will be destroyed or returned to HP. Copies of the
Software that are merged into adaptations, except for individual pieces of data in Your or any transferee's
or sublicensee's database, will be removed and destroyed or returned to HP. With HP's written consent,
one copy of the Software may be retained subsequent to termination solely for archival purposes. At HP's
request, You will certify in writing to HP that You have complied with this Section.
• If the Software is licensed for use in the performance of a U.S. government prime contract or
subcontract, You agree that, consistent with FAR 12.211 and 12.212, commercial computer software,
computer software documentation and technical data for commercial items are licensed under vendor's
standard commercial license.
• HP and its suppliers reserve all rights not expressly granted herein to You. Nothing herein should be
construed as granting You, by implication, estoppel or otherwise, a license relating to Software other than
as expressly stated above in this Section. You have no right to rent or lease Software, to use or make the
Software available for commercial timesharing or service bureau purposes, or to copy Software onto or
otherwise make it available on, to, or through any public or distributed network.
GENERAL
• Except as expressly provided in Section B.9 above, You may not assign, delegate, or otherwise transfer
these terms and conditions or any rights or obligations hereunder without prior written consent from HP.
Any such attempted assignment, delegation, or other transfer will be null and void, and HP may terminate
this Agreement in the event thereof.
• If You export, re-export or import Software, technology or technical data purchased hereunder, You
assume sole responsibility for complying and will comply with applicable laws and regulations, including
without limitation obtaining any required export and import authorizations. You will not export, re-export,
import, transfer or distribute Software to persons or entities listed on the U.S. Department of Commerce
Denied Persons List, Entity List, or on any U.S. Treasury Department Designated Nationals exclusion
list, or to any country or to persons or entities in any country under U.S. economic embargo, or to any
persons or entities directly or indirectly involved in the development or production of nuclear, chemical,
biological weapons or in missile technology programs as specified in the U.S. Export Administration
Regulations (15 CFR 744). By accepting the terms and conditions of this Agreement, You confirm that
You are not such a restricted person, entity or country. HP may suspend or terminate this Agreement if
You are in violation of applicable regulations.
• Upon thirty (30) days' prior written notice, and no more than once during any twelve-month period, HP (or
it's designee) may conduct an audit of Your records and facilities to verify Your compliance with this
Agreement. You will provide HP with access to the records, hardware, and employees reasonably
necessary for HP to exercise its rights under this Section C.3. HP may make and maintain copies of such
records. In the event such an audit reveals an underpayment by You, You shall immediately pay such
underpayment upon HP's request, together with the costs reasonably incurred by HP in connection with
the audit and seeking Your compliance with this Section C.3.
• This Agreement shall be construed in accordance with the laws of the State of California, without regard
to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of
Goods does not apply.
HP Remote Device Access 8.1: vCAS User Guide Page 62 of 65
Appendix C: License