HP ProLiant SL170z HP SL Advanced Power Manager Firmware End User License Agre - Page 5

Ancillary Software Copyrights and Licenses, ACPI-CA

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c. To the extent You export, re-export, or import Software, technology, or technical data licensed or provided hereunder, You assume sole responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. HP may suspend performance if You are in violation of any applicable laws or regulations. d. You agree that HP may audit Your compliance with this Agreement. Any such audit would be at HP's expense, require reasonable notice, and would be performed during normal business hours. If an audit reveals underpayments then You will immediately pay HP such underpayments together with the costs reasonably incurred by HP in connection with the audit and seeking compliance with this section. e. This Agreement is governed by the laws of the State of California, U.S.A., excluding rules as to choice and conflict of law. You and HP agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. f. Subject to the other terms and conditions of this Agreement, this Agreement is the entire agreement between HP and You regarding Your Use of the Software, and supersedes and replaces any previous communications, representations, or agreements, or Your additional or inconsistent terms, whether oral or written. In the event any provision of this Agreement is held invalid or unenforceable the remainder of the Agreement will remain enforceable and unaffected thereby. g. HP's failure to exercise or delay in exercising any of its rights under this Agreement will not constitute or be deemed a waiver or forfeiture of those rights. Ancillary Software Copyrights and Licenses This Product includes open source and proprietary software developed or obtained through the third parties. More specifically, the developed or obtained code consists of the licensed Ancillary Software listed below. Installation, copying or otherwise using the Product (as defined in the End-User License Agreement) constitutes acceptance of the Ancillary Software license terms, whether or not such terms are reviewed. ACPI-CA 1. Copyright Notice Some or all of this work - Copyright (c) 1999 - 2008, Intel Corp. All rights reserved. 2. License 2.1. This is your license from Intel Corp. under its intellectual property rights. You may have additional license terms from the party that provided you this software, covering your right to use that party's intellectual property rights. 2.2. Intel grants, free of charge, to any person ("Licensee") obtaining a copy of the source code appearing in this file ("Covered Code") an irrevocable, perpetual, worldwide license under Intel's copyrights in the base code distributed originally by Intel ("Original Intel Code") to copy, make derivatives, distribute, use and display any portion of the Covered Code in any form, with the right to sublicense such rights; and 2.3. Intel grants Licensee a non-exclusive and non-transferable patent license (with the right to sublicense), under only those claims of Intel patents that are infringed by the Original Intel Code, to make, use, sell, offer to sell, and import the Covered Code and derivative works thereof solely to the minimum extent necessary to exercise the above copyright license, and in no event shall the patent license extend to any additions to or modifications of the Original Intel Code. No other license or right is granted directly or by implication, estoppel or otherwise; The above copyright and patent license is granted only if the following conditions are met: 3. Conditions 3.1. Redistribution of Source with Rights to Further Distribute Source. Redistribution of source code of any substantial portion of the Covered Code or modification with rights to further distribute source must include the above Copyright Notice, the above License, this list of Conditions, and the following Disclaimer and Export Compliance provision. In addition, Licensee must cause all Covered Code to which Licensee contributes to contain a file documenting the changes Licensee made to create that Covered Code and the date of any change. Licensee must include in that file the

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c.
To the extent You export, re-export, or import Software, technology, or technical data licensed or provided
hereunder, You assume sole responsibility for complying with applicable laws and regulations and for obtaining
required export and import authorizations. HP may suspend performance if You are in violation of any applicable
laws or regulations.
d.
You agree that HP may audit Your compliance with this Agreement. Any such audit would be at HP's expense,
require reasonable notice, and would be performed during normal business hours. If an audit reveals underpayments
then You will immediately pay HP such underpayments together with the costs reasonably incurred by HP in
connection with the audit and seeking compliance with this section.
e.
This Agreement is governed by the laws of the State of California, U.S.A., excluding rules as to choice and conflict
of law. You and HP agree that the United Nations Convention on Contracts for the International Sale of Goods will
not apply to this Agreement.
f.
Subject to the other terms and conditions of this Agreement, this Agreement is the entire agreement between HP and
You regarding Your Use of the Software, and supersedes and replaces any previous communications,
representations, or agreements, or Your additional or inconsistent terms, whether oral or written. In the event any
provision of this Agreement is held invalid or unenforceable the remainder of the Agreement will remain
enforceable and unaffected thereby.
g.
HP's failure to exercise or delay in exercising any of its rights under this Agreement will not constitute or be deemed
a waiver or forfeiture of those rights.
Ancillary Software Copyrights and Licenses
This Product includes open source and proprietary software developed or obtained through the third parties. More specifically, the
developed or obtained code consists of the licensed Ancillary Software listed below. Installation, copying or otherwise using the
Product (as defined in the End-User License Agreement) constitutes acceptance of the Ancillary Software license terms, whether or
not such terms are reviewed.
ACPI-CA
1. Copyright Notice
Some or all of this work - Copyright (c) 1999 - 2008, Intel Corp. All rights reserved.
2. License
2.1. This is your license from Intel Corp. under its intellectual property rights. You may have additional license terms from the party
that provided you this software, covering your right to use that party's intellectual property rights.
2.2. Intel grants, free of charge, to any person ("Licensee") obtaining a copy of the source code appearing in this file ("Covered Code")
an irrevocable, perpetual, worldwide license under Intel's copyrights in the base code distributed originally by Intel ("Original Intel
Code") to copy, make derivatives, distribute, use and display any portion of the Covered Code in any form, with the right to sublicense
such rights; and
2.3. Intel grants Licensee a non-exclusive and non-transferable patent license (with the right to sublicense), under only those claims of
Intel patents that are infringed by the Original Intel Code, to make, use, sell, offer to sell, and import the Covered Code and derivative
works thereof solely to the minimum extent necessary to exercise the above copyright license, and in no event shall the patent license
extend to any additions to or modifications of the Original Intel Code. No other license or right is granted directly or by implication,
estoppel or otherwise;
The above copyright and patent license is granted only if the following conditions are met:
3. Conditions
3.1. Redistribution of Source with Rights to Further Distribute Source.
Redistribution of source code of any substantial portion of the Covered Code or modification with rights to further distribute source
must include the above Copyright Notice, the above License, this list of Conditions, and the following Disclaimer and Export
Compliance provision. In addition, Licensee must cause all Covered Code to which Licensee contributes to contain a file documenting
the changes Licensee made to create that Covered Code and the date of any change. Licensee must include in that file the