HP Surestore NAS - Manual (Page 8)

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lease the Software, or directly or indirectly permit a third party to use or copy the
Software.
o Software Transfer: You may permanently transfer your rights under this Agreement,
provided you (i) retain no copies; (ii) transfer all of the Software (including all
components, the media, all printed materials, any upgrades, and this Agreement); and
(iii) provide Hewlett-Packard with written notice of the transfer within ten (10) days. Any
other assignment by you of this agreement shall be void. If the Software is an upgrade,
any transfer must include all prior versions of the Software.
o Export: You may not export the Software without prior written approval from Hewlett-
Packard. If the Software was purchased in the United States of America, you agree to
comply with all applicable United States laws and regulations pertaining to export
controls. If the Software was purchased outside the U.S., you may not re-export the
Software except as permitted by the laws of the United States and the laws of the
jurisdiction in which you purchased the software.
o Termination: Without prejudice to any other rights, Hewlett-Packard may terminate this
Agreement if you fail to comply with the terms and conditions set forth in this Agreement.
In such event, you must return all copies of the Software and all of its components and
documentation to Hewlett-Packard or certify that you have destroyed all such copies.
3. COPYRIGHT: All title and copyrights in and to the Software (including, but not limited to, any
images, photographs, animations, video, audio, music, text, incorporated in the Software, the
accompanying printed materials, and any copies of the Software) are owned by Hewlett-Packard
or its suppliers or licensors. You may not copy the printed materials accompanying the Software.
4. U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation have been
developed entirely at private expense and are provided as "Commercial Computer Software" or
"restricted computer software". Use, duplication or disclosure by the U.S. Government or a U.S.
Government subcontractor is subject to the restrictions set forth in subparagraph (c) (I) (ii) of the
Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth
in subparagraph ( c) (1) and (2) of the Commercial Computer Software -Restricted Rights clauses
at FAR 52.227-19, as applicable. The Contractor is Hewlett-Packard Company, 3000 Hanover
Street, Palo Alto, California 94304.
5. LIMITED WARRANTY: Hewlett-Packard warrants that the Software will perform substantially in
accordance with the applicable Hewlett-Packard published documentation prevailing at the time
of shipment for a period of ninety (90) days from the date of receipt. Hewlett-Packard warrants
that any media accompanying the Software will be free from defects in materials and
workmanship under normal use and service for a period of ninety (90) days from the date of
receipt. Any implied warranties on the Software and media are limited to ninety (90) days. Some
states or jurisdictions do not allow limitations on the duration of an implied warranty, so the above
limitation may not apply to you.
6. CUSTOMER REMEDIES: Hewlett-Packard's entire liability and your exclusive remedy shall be,
at Hewlett-Packard's option, either (a) return of the price paid, or (b) repair or replacement of the
Software that does not meet the limited warranty in section 5 above and which is returned to
Hewlett-Packard with a copy of your receipt. Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is longer.
7. NO OTHER WARRANTIES: YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE
SOFTWARE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, HEWLETT-PACKARD AND ITS SUPPLIERS AND LICENSORS DISCLAIM
ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. HEWLETT-PACKARD DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR
THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS IN THE SOFTWARE AND RELATED DOCUMENTATION WILL BE
CORRECTED, FURTHERMORE, HEWLETT-PACKARD DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE USE OF THE