HP ProLiant SL170z HP SL Advanced Power Manager Firmware End User License Agre - Page 2

backup device is discontinued when the original or replacement device becomes operable, and (b) may not copy the Software onto or otherwise Use or make it available on, to, or through any public or external distributed network. d. To Use Software identified as an update or upgrade, You must first be licensed for the original Software identified by HP as eligible for the update or upgrade. If the update or upgrade is intended to substantially replace the original Software, after updating or upgrading, You may no longer Use the original Software that formed the basis for Your update or upgrade eligibility unless otherwise provided by HP in writing. Nothing in this Agreement grants You any right to purchase or receive Software updates, upgrades, or support, and HP is under no obligation to make such support available to you. Updates, upgrades, enhancements, or other Support may only be available under separate HP support agreements. You may contact HP to learn more about any support offerings HP may make available. HP reserves the right to require additional licenses and fees for Software upgrades or other enhancements, or for Use of the Software on upgraded devices. e. You must reproduce all copyright notices that appear in or on the Software (including documentation) on all permitted copies or adaptations. Copies of documentation are limited to internal use. f. Notwithstanding anything to the contrary herein, if the Transaction Document(s) identifies that the Software may be utilized on another Designated System(s) (as defined below), Your license to Use the Software may be transferred to another Designated System(s). A "Designated System" means a computer system owned, controlled, or operated by or solely on behalf of You and may be further identified by HP by the combination of a unique number and a specific system type. Such license will terminate in the event of a change in either the system number or system type, an unauthorized relocation, or if the Designated System ceases to be within Your possession or control. g. Operating system Software may only be Used when operating the associated hardware in configurations as approved, sold, or subsequently upgraded by HP or an HP authorized reseller. h. Software is not specifically designed, manufactured, or intended for use as parts, components, or assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility. You are solely liable if Software is Used for these applications and will indemnify and hold HP harmless from all loss, damage, expense, or liability in connection with such Use. i. You will not modify, reverse engineer, disassemble, decrypt, decompile, or make derivative works of the Software. Where You have other rights mandated under statute, You will provide HP with reasonably detailed information regarding any intended modifications, reverse engineering, disassembly, decryption, or decompilation and the purposes therefore. j. Extending the Use of Software to any person or entity other than You as a function of providing services, (i.e.; making the Software available through a commercial timesharing or service bureau) must be authorized in writing by HP prior to such Use and may require additional licenses and fees. You may not distribute, resell, or sublicense the Software. k. Notwithstanding anything in this Agreement to the contrary, all or any portion of the Software which constitutes Ancillary Software is licensed to You subject to the terms and conditions of the Software license agreement accompanying such Ancillary Software, whether in the form of a separate agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Ancillary Software by You shall be governed entirely by the terms and conditions of such license and, with respect to HP, by the limitations and disclaimers of sections 3 and 5 hereof. HP has identified any Ancillary Software by either noting the Ancillary Software provider's ownership within each Ancillary Software program file and/or by providing information in the "ancillary.txt" or "readme" file that is provided as part of the installation of the Software. The Ancillary Software licenses are also set forth in the "ancillary.txt" or "readme" file. By accepting the terms and conditions of this Agreement, You are also accepting the terms and conditions of each Ancillary Software license in the ancillary.txt or "readme" file. If the Software includes Ancillary Software licensed under the GNU General Public License and/or under the GNU Lesser General Pubic License ("GPL Software"), a complete machine-readable copy of the GPL Software Source Code ("GPL Source Code") is either: (i) included with the Software that is delivered to You; or (ii) upon your written request, HP will provide to You, for a fee covering the cost of distribution, a complete machine-readable copy of the GPL Source Code, by mail, or (iii) if You obtained the Software by downloading it from a HP website and neither of the preceding options are available, you may download the GPL Source Code from the same website. Information about how to make a written request for GPL Source Code may be found in the ancillary.txt file or, if an address is not listed in that file, at the following website: www.hp.com. 3. WARRANTY i. IF SOFTWARE IS PROVIDED WITHOUT A LICENSE FEE, THE FOLLOWING AS-IS WARRANTY STATEMENT APPLIES TO THE SOFTWARE: DISCLAIMER OF WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE