HP ProLiant SL170z HP SL Advanced Power Manager Firmware End User License Agre - Page 1

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HP SL ADVANCED POWER MANAGER FIRMWARE END USER LICENSE AGREEMENT PLEASE READ CAREFULLY: THE USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW ("AGREEMENT"), UNLESS THE SOFTWARE IS SUBJECT TO A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND HP OR ITS SUPPLIERS. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, OR BY CHOOSING THE "I ACCEPT" OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS OF THIS AGREEMENT, ANY APPLICABLE WARRANTY STATEMENT AND THE TERMS AND CONDITIONS CONTAINED IN THE "ANCILLARY SOFTWARE" (as defined below). IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT. QUANTITY OF DEVICES: 1. GENERAL TERMS a. You and Your refer either to an individual person or to a single legal entity. b. HP means Hewlett-Packard Company or one of its subsidiaries. c. HP Branded means Software products bearing a trademark or service mark of Hewlett-Packard Company or any Hewlett-Packard Company Affiliate, and embedded HP selected third party Software that is not offered under a third party license agreement. d. Software means machine-readable instructions and data (and copies thereof) including middleware and related updates and upgrades You may be separately authorized to receive, licensed materials, user documentation, user manuals, and operating procedures. "Ancillary Software" means all or any portion of Software provided under public, open source, or third party license terms. e. Specification means technical information about Software products published in HP product manuals, user documentation, and technical data sheets in effect on the date HP delivers Software products to You. f. Transaction Document(s) means an accepted customer order (excluding pre-printed terms) and in relation to that order, valid HP quotations, license to use certificates or invoices. 2. LICENSE TERMS AND RESTRICTIONS a. Subject to the terms and conditions of this Agreement and the payment of any applicable license fee, HP grants You a non-exclusive, non-transferable license to Use (as defined below) in object code form one copy of the Software on one device at a time for Your internal business purposes, unless otherwise indicated above or in applicable Transaction Document(s). "Use" means to install, store, load, execute and display the Software in accordance with the Specifications. Your Use of the Software is subject to these license terms and to the other restrictions specified by HP in any other tangible or electronic documentation delivered or otherwise made available to You with or at the time of purchase of the Software, including license terms, warranty statements, Specifications, and "readme" or other informational files included in the Software itself. Such restrictions are hereby incorporated in this Agreement by reference. Some Software may require license keys or contain other technical protection measures. You acknowledge that HP may monitor your compliance with Use restrictions remotely or otherwise. If HP makes a license management program available which records and reports license usage information, You agree to appropriately install, configure and execute such license management program beginning no later than one hundred and eighty (180) days from the date it is made available to You and continuing for the period that the Software is Used. b. This Agreement confers no title or ownership and is not a sale of any rights in the Software. Third-party suppliers are intended beneficiaries under this Agreement and independently may protect their rights in the Software in the event of any infringement. All rights not expressly granted to You are reserved solely to HP or its suppliers. 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 2. c. Unless otherwise permitted by HP, You (a) 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 on a backup device, provided that copies and adaptations are used in no other manner and provided further that the Use on the

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HP SL ADVANCED POWER MANAGER FIRMWARE
END USER LICENSE AGREEMENT
PLEASE READ CAREFULLY: THE USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS
THAT FOLLOW ("AGREEMENT"), UNLESS THE SOFTWARE IS SUBJECT TO A SEPARATE LICENSE
AGREEMENT BETWEEN YOU AND HP OR ITS SUPPLIERS. BY DOWNLOADING, INSTALLING, COPYING,
ACCESSING, OR USING THE SOFTWARE, OR BY CHOOSING THE "I ACCEPT" OPTION LOCATED ON OR
ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS OF
THIS AGREEMENT, ANY APPLICABLE WARRANTY STATEMENT AND THE TERMS AND CONDITIONS
CONTAINED IN THE "ANCILLARY SOFTWARE" (as defined below). IF YOU ARE ACCEPTING THESE TERMS ON
BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT
THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE
TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE
THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE WITH PROOF OF PURCHASE TO THE PARTY
FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU
DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.
QUANTITY OF DEVICES:
1.
GENERAL TERMS
a.
You
and
Your
refer either to an individual person or to a single legal entity.
b.
HP
means Hewlett-Packard Company or one of its subsidiaries.
c.
HP Branded
means Software products bearing a trademark or service mark of Hewlett-Packard Company or any
Hewlett-Packard Company Affiliate, and embedded HP selected third party Software that is not offered under a third
party license agreement.
d.
Software
means machine-readable instructions and data (and copies thereof) including middleware and related
updates and upgrades You may be separately authorized to receive, licensed materials, user documentation, user
manuals, and operating procedures. "Ancillary Software" means all or any portion of Software provided under
public, open source, or third party license terms.
e.
Specification
means technical information about Software products published in HP product manuals, user
documentation, and technical data sheets in effect on the date HP delivers Software products to You.
f.
Transaction Document(s)
means an accepted customer order (excluding pre-printed terms) and in relation to that
order, valid HP quotations, license to use certificates or invoices.
2.
LICENSE TERMS AND RESTRICTIONS
a.
Subject to the terms and conditions of this Agreement and the payment of any applicable license fee, HP grants You a
non-exclusive, non-transferable license to Use (as defined below) in object code form one copy of the Software on one
device at a time for Your internal business purposes, unless otherwise indicated above or in applicable Transaction
Document(s). "Use" means to install, store, load, execute and display the Software in accordance with the
Specifications. Your Use of the Software is subject to these license terms and to the other restrictions specified by HP
in any other tangible or electronic documentation delivered or otherwise made available to You with or at the time of
purchase of the Software, including license terms, warranty statements, Specifications, and "readme" or other
informational files included in the Software itself. Such restrictions are hereby incorporated in this Agreement by
reference. Some Software may require license keys or contain other technical protection measures. You acknowledge
that HP may monitor your compliance with Use restrictions remotely or otherwise. If HP makes a license management
program available which records and reports license usage information, You agree to appropriately install, configure
and execute such license management program beginning no later than one hundred and eighty (180) days from the
date it is made available to You and continuing for the period that the Software is Used.
b.
This Agreement confers no title or ownership and is not a sale of any rights in the Software. Third-party suppliers
are intended beneficiaries under this Agreement and independently may protect their rights in the Software in the
event of any infringement. All rights not expressly granted to You are reserved solely to HP or its suppliers. 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 2.
c.
Unless otherwise permitted by HP, You (a) 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 on a backup
device, provided that copies and adaptations are used in no other manner and provided further that the Use on the