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authorThomas Deutschmann <whissi@gentoo.org>2016-08-12 20:54:13 +0200
committerThomas Deutschmann <whissi@gentoo.org>2016-08-12 21:33:10 +0200
commit1814628d11e9b45e34403018cb592a9c5b51f709 (patch)
treed159b3a1c807adca31005bc89c0b843769e95163 /licenses
parentsys-block/hpacucli: Add myself as maintainer (diff)
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licenses: Add Hewlett Packard Enterprise (HPE) End User License Agreement
Taken from [1]. [1] https://ftp.hp.com/pub/softlib2/software1/doc/p1796552785/v113125/eula-en.html
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+HPE End User License Agreement – Enterprise Version
+
+1. Applicability. This end user license agreement (the "Agreement") governs
+ the use of accompanying software, unless it is subject to a separate
+ agreement between you and Hewlett Packard Enterprise Company and its
+ subsidiaries (“HPE”). By downloading, copying, or using the software you
+ agree to this Agreement. HPE provides translations of this Agreement in
+ certain languages other than English, which may be found at:
+ http://www.hpe.com/software/SWLicensing.
+
+2. Terms. This Agreement includes supporting material accompanying the
+ software or referenced by HPE, which may be software license
+ information, additional license authorizations, software specifications,
+ published warranties, supplier terms, open source software licenses and
+ similar content ("Supporting Material"). Additional license
+ authorizations are at: http://www.hpe.com/software/SWLicensing.
+
+3. Authorization. If you agree to this Agreement on behalf of another
+ person or entity, you warrant you have authority to do so.
+
+4. Consumer Rights. If you obtained software as a consumer, nothing in this
+ Agreement affects your statutory rights.
+
+5. Electronic Delivery. HPE may elect to deliver software and related
+ software product or license information by electronic transmission or
+ download.
+
+6. License Grant. If you abide by this Agreement, HPE grants you a
+ non-exclusive non-transferable license to use one copy of the version or
+ release of the accompanying software for your internal purposes only,
+ and is subject to any specific software licensing information that is in
+ the software product or its Supporting Material.
+
+Your use is subject to the following restrictions, unless specifically
+allowed in Supporting Material:
+
+ * You may not use software to provide services to third parties.
+
+ * You may not make copies and distribute, resell or sublicense software
+ to third parties.
+
+ * You may not download and use patches, enhancements, bug fixes, or
+ similar updates unless you have a license to the underlying software.
+ However, such license doesn't automatically give you a right to receive
+ such updates and HPE reserves the right to make such updates only
+ available to customers with support contracts.
+
+ * You may not copy software or make it available on a public or external
+ distributed network.
+
+ * You may not allow access on an intranet unless it is restricted to
+ authorized users.
+
+ * You may make one copy of the software for archival purposes or when it
+ is an essential step in authorized use.
+
+ * You may not modify, reverse engineer, disassemble, decrypt, decompile
+ or make derivative works of software. If you have a mandatory right to
+ do so under statute, you must inform HPE in writing about such
+ modifications.
+
+7. Remote Monitoring. Some software may require keys or other technical
+ protection measures and HPE may monitor your compliance with the
+ Agreement, remotely or otherwise. If HPE makes a license management
+ program for recording and reporting license usage information, you will
+ use such program no later than 180 days from the date it's made
+ available.
+
+8. Ownership. No transfer of ownership of any intellectual property will
+ occur under this Agreement.
+
+9. Copyright Notices. You must reproduce copyright notices on software and
+ documentation for authorized copies.
+
+10. Operating Systems. Operating system software may only be used on
+ approved hardware and configurations.
+
+11. 90-day Limited Warranty for HPE Software.
+
+ * HPE-branded software materially conforms to its specifications, if any,
+ and is free of malware at the time of delivery; if you notify HPE
+ within 90 days of delivery of non-conformance to this warranty, HPE
+ will replace your copy. This Agreement states all remedies for warranty
+ claims.
+
+ * HPE does not warrant that the operation of software will be
+ uninterrupted or error free, or that software will operate in hardware
+ and software combinations other than as authorized by HPE in Supporting
+ Material. To the extent permitted by law, HPE disclaims all other
+ warranties.
+
+12. Intellectual Property Rights Infringement. HPE will defend and/or
+ settle any claims against you that allege that HPE-branded software as
+ supplied under this Agreement infringes the intellectual property
+ rights of a third party. HPE will rely on your prompt notification of
+ the claim and cooperation with our defense. HPE may modify the software
+ so as to be non-infringing and materially equivalent, or we may procure
+ a license. If these options are not available, we will refund to you
+ the amount paid for the affected product in the first year or the
+ depreciated value thereafter. HPE is not responsible for claims
+ resulting from any unauthorized use of the software.
+
+13. Limitation of Liability. HPE's liability to you under this Agreement is
+ limited to the amount actually paid by you to HPE for the relevant
+ software, except for amounts in Section 12 ("Intellectual Property
+ Rights Infringement"). Neither you nor HPE will be liable for lost
+ revenues or profits, downtime costs, loss or damage to data or
+ indirect, special or consequential costs or damages. This provision
+ does not limit either party's liability for: unauthorized use of
+ intellectual property, death or bodily injury caused by their
+ negligence; acts of fraud; willful repudiation of the Agreement; or any
+ liability that may not be excluded or limited by applicable law.
+
+14. Termination. This Agreement is effective until terminated or in the
+ case of a limited-term license, upon expiration; however, your rights
+ under this Agreement terminate if you fail to comply with it.
+ Immediately upon termination or expiration, you will destroy the
+ software and documentation and any copies, or return them to HPE. You
+ may keep one copy of software and documentation for archival purposes.
+ We may ask you to certify in writing you have complied with this
+ section. Warranty disclaimers, the limitation of liability, this
+ section on termination, and Section 15 ("General") will survive
+ termination.
+
+15. General.
+
+ a. Assignment. You may not assign this Agreement without prior written
+ consent of HPE, payment of transfer fees and compliance with HPE's
+ software license transfer policies. Authorized assignments will
+ terminate your license to the software and you must deliver software
+ and documentation and copies thereof to the assignee. The assignee
+ will agree in writing to this Agreement. You may only transfer
+ firmware if you transfer associated hardware.
+
+ b. U.S. Government. If the software is licensed to you for use in the
+ performance of a U.S. Government prime contract or subcontract, you
+ agree that, consistent with FAR 12.211 and 12.212, commercial computer
+ software, computer software documentation and technical data for
+ commercial items are licensed under HPE's standard commercial license.
+
+ c. Global Trade Compliance. You agree to comply with the trade-related
+ laws and regulations of the U.S. and other national governments. If
+ you export, import or otherwise transfer products provided under this
+ Agreement, you will be responsible for obtaining any required export
+ or import authorizations. You confirm that you are not located in a
+ country that is subject to trade control sanctions (currently Cuba,
+ Iran, N. Korea, N. Sudan, and Syria) and further agree that you will
+ not retransfer the products to any such country. HPE may suspend its
+ performance under this Agreement to the extent required by laws
+ applicable to either party.
+
+ d. Audit. HPE may audit you for compliance with the software license
+ terms. Upon reasonable notice, HPE may conduct an audit during normal
+ business hours (with the auditor's costs being at HPE's expense). If
+ an audit reveals underpayments then you will pay to HPE such
+ underpayments. If underpayments discovered exceed five (5) percent,
+ you will reimburse HPE for the auditor costs.
+
+ e. Open Source Components. To the extent the Supporting Material includes
+ open source licenses, such licenses shall control over this Agreement
+ with respect to the particular open source component. To the extent
+ Supporting Material includes the GNU General Public License or the
+ GNU Lesser General Public License: (a) the software includes a copy of
+ the source code; or (b) if you downloaded the software from a website,
+ a copy of the source code is available on the same website; or (c) if
+ you send HPE written notice, HPE will send you a copy of the source
+ code for a reasonable fee.
+
+ f. Notices. Written notices under this Agreement may be provided to HPE
+ via the method provided in the Supporting Material.
+
+ g. Governing Law. This Agreement will be governed by the laws of the
+ state of California, U.S.A., excluding rules as to choice and conflict
+ of law. You and HPE agree that the United Nations Convention on
+ Contracts for the International Sale of Goods will not apply.
+
+ h. Force Majeure. Neither party will be liable for performance delays nor
+ for non-performance due to causes beyond its reasonable control,
+ except for payment obligations.
+
+ i. Entire Agreement. This Agreement represents our entire understanding
+ with respect to its subject matter and supersedes any previous
+ communication or agreements that may exist. Modifications to the
+ Agreement will be made only through a written amendment signed by both
+ parties. If HPE doesn't exercise its rights under this Agreement, such
+ delay is not a waiver of its rights.
+
+16. Australian Consumers. If you acquired the software as a consumer within
+ the meaning of the 'Australian Consumer Law' under the Australian
+ Competition and Consumer Act 2010 (Cth) then despite any other
+ provision of this Agreement, the terms at this URL apply:
+ http://www.hpe.com/software/SWLicensing.
+
+17. Russian Consumers. If you are based in the Russian Federation and the
+ rights to use the software are provided to you under a separate license
+ and/or sublicense agreement concluded between you and a duly authorized
+ HPE partner, then this Agreement shall not be applicable.
+
+HPE End User License Agreement – Enterprise Version
+
+5012-3777 v1.5, 2016
+© Copyright 2015 Hewlett Packard Enterprise Development LP