path: root/licenses/hp-novacom

HP LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) BEFORE USING
OR OTHERWISE ACCESSING THE NOVACOM SOFTWARE. THE SOFTWARE IS LICENSED BY HP,
INC. (“HP”) TO YOU, THE ORIGINAL END USER, SOLELY FOR YOUR PERSONAL USE AS SET
FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT USE OR OTHERWISE ACCESS THE SOFTWARE. USING OR OTHERWISE
ACCESSING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
PLEASE NOTE THAT IF YOU ARE A CONSUMER IN THE EUROPEAN ECONOMIC AREA,
SWITZERLAND or AUSTRALIA, THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY
RIGHTS. For further information about your statutory rights contact your local authority, Trading
Standards Department or Citizens Advice Bureau (OR LOCAL EQUIVALENT).
LICENSE: HP grants you a limited, nonexclusive license to use the Novacom Software (the “Software”),
subject to the terms and conditions set forth in this Agreement. You may use the Software for the purpose
replacing open source software components on a WebOS-based device with open source software
components that are modified versions of the replaced components.
RESTRICTIONS: Replacing files or otherwise changing the software or configuration of the device could
cause the device to fail to operate or to operate incorrectly. You are responsible for the consequences of
any changes that you make using the Software. Whether any warranty or service contract or other legal
arrangement is affected by such software component replacement or by any other use of this Software
shall depend on the terms of such warranty, contract, or arrangement. You may not use the Software,
directly or indirectly, for obtaining unauthorized access to HP services or to services of others with which
the device may interact. You may not distribute the Software or make the Software available over a
network. The Software and supporting documentation may be copied only as necessary for backup or
archive purposes in support of your use of the Software. You must reproduce and include all copyright
notices and any other proprietary rights notices appearing on the Software on any copies that you make.
You may not modify or alter the Software in any way. You may only use the Software as expressly set
forth above. Except as set forth above, HP and its licensors reserve all other rights in or to the Software.
You acknowledge and agree that ownership of the Software and all subsequent copies thereof,
regardless of the form or media, is retained by HP or its suppliers. If applicable law permits you to copy or
modify the Software, then you may copy and modify the Software solely to the extent, and for such
purposes as, expressly permitted by applicable law.
REVERSE ENGINEERING: You may not reverse engineer, decompile, or disassemble the Software,
except and only to the extent that such activity is expressly permitted by applicable law.
WARRANTY AND DISCLAIMERS: IF SOFTWARE IS BEING PROVIDED TO YOU IN CONNECTION
WITH AN HP DEVICE WHICH YOU HAVE NEWLY PURCHASED FROM HP, INC. OR ITS
AUTHORIZED DISTRIBUTORS, THE SOFTWARE MAY BE UNDER A WARRANTY, AS PROVIDED
ON A LIMITED WARRANTY CARD PROVIDED WITH YOUR NEW DEVICE. PLEASE NOTE THAT IF
YOU ARE DEALING AS A CONSUMER IN THE EUROPEAN ECONOMIC AREA OR SWITZERLAND,
SUCH LIMITED WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS. EXCEPT AS MAY BE
PROVIDED UNDER SUCH A WARRANTY FOR NEWLY PURCHASED DEVICES, AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE SOFTWARE IS
PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY
OF ANY KIND OR NATURE. HP DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE
UNINTERRUPTED, FAULT-TOLERANT OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, HP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR

STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION,
SATISFACTORY QUALITY AND NON-INFRINGEMENT. HP MAKES NO WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SOFTWARE. ALL THIRD
PARTY SOFTWARE IS PROVIDED "AS-IS," WITHOUT WARRANTIES OF ANY KIND BY HP.
LIMITATION OF LIABILITY: NOTHING IN THIS LIMITATION OF LIABILITY LIMITS OR EXCLUDES
HP’S OR ITS SUPPLIERS’ LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY
NEGLIGENCE, FOR REPRESENTATIONS MADE FRAUDULENTLY, OR FOR ANY OTHER LIABILITY
WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER HP NOR ITS SUPPLIERS SHALL BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND,
LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, FOR BUSINESS INTERUPTION,
PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS
ARISING OUT OF OR IN CONNECTION WITH THE LICENSE OR USE OF THE SOFTWARE,
WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY
OR ANY OTHER THEORY, EVEN IF HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE. HP’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND
OF THE PURCHASE PRICE PAID, AT HP’S OPTION. IN NO EVENT WILL HP BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD PARTY SOFTWARE, EVEN IF HP
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some countries,
states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of
incidental or consequential damages so the above limitations and exclusions may be limited in their
application to you.
EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or accompanying
documentation (or any copies thereof) or any products utilizing the Software or such documentation in
violation of any applicable laws or regulations of the United States, the European Union or the country in
which you obtained them.
TERM AND TERMINATION: This Agreement is effective until terminated. You may terminate it at any
time by destroying the Software and documentation together with all copies and merged portions in any
form. It will also terminate immediately if you fail to comply with any term or condition of this Agreement.
Upon such termination you agree to destroy the Software and documentation, together with all copies.
Some countries, states, or provinces do not allow the termination of this type of Agreement, so the above
provision may be limited in its application to you.
SPECIAL RIGHTS FOR THE LICENSE OR USE BY THE U.S. GOVERNMENT: If this Software is being
used by or licensed to the United States Government, the following shall apply: The Software licensed
under this Agreement is “commercial computer software” as the term is described in 48 C.F.R. 252.227-
7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial
computer software and/or commercial computer software documentation subject to the terms of this
Agreement as specified in 48 C.F.R. 12.212 (Computer Software) and 48 C.F.R. 12.211 (Technical Data)
of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any
agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial
computer software and/ or commercial computer software documentation subject to the terms of this
Agreement as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement (“DFAR”) and its
successors.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California and by the
federal laws of the United States, excluding their conflicts of laws provisions. The United Nations
Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from
application to this Agreement. If you acquired this Software or the HP device in the European Economic
Area or Switzerland, this Agreement shall be governed by the law of the country in which you purchased
he Software or the HP device. You consent to the transfer of your information (including without limitation
any registration data you provide) to the United States and other countries for processing by HP and its
affiliates in accordance with HP’s privacy policy.
SEVERABILITY: In the event any provision of this Agreement is found to be invalid, illegal or
unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any
way be affected or impaired.
ENTIRE AGREEMENT: By accepting his Agreement and the accompanying Limited Warranty (if any),
you agree that the Agreement and Limited Warranty set forth the entire agreement between you and HP,
and supersede all prior agreements, whether written or oral, with respect to the Software, notwithstanding
he terms or conditions of any such prior agreements.
HP, Inc.
950 W. Maude Ave.
Sunnyvale CA 94085-2801
United States of America
www.HP.com
June 27, 2011