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HP Tru64 UNIX and TruCluster Server Version 5.1B-5: Patch Summary and Release Notes > Appendix C Component Licensing

HP Tru64 UNIX Version 5.1B-5 Consolidated Patch Kit

 

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ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP Tru64 UNIX 
Version 5.1B-5 Consolidated Patch Kit SOFTWARE LICENSE AGREEMENT 
BELOW. YOU MUST REVIEW THE AGREEMENT AND EITHER ACCEPT OR NOT ACCEPT 
THE AGREEMENT. IF YOU DO NOT ACCEPT THE AGREEMENT, YOU MAY NOT USE 
THE SOFTWARE.   


HP IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED ABOVE (THE "SOFTWARE") 
INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTATION AND ANY ANCILLARY SOFTWARE 
BUNDLED WITH OR EMBEDDED IN THE SOFTWARE (COLLECTIVELY, THE "ANCILLARY 
SOFTWARE"), TO YOU SUBJECT TO THE SOFTWARE LICENSE TERMS AND THE APPLICABLE 
"LIMITED WARRANTY STATEMENT" PROVIDED WITH THE SOFTWARE. 

HP HAS IDENTIFIED ANCILLARY SOFTWARE BY EITHER NOTING THE RELEVANT PARTY'S 
OWNERSHIP WITHIN EACH ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY PROVIDING 
INFORMATION IN THE "ReleaseNotes.pdf "   FILE THAT IS PROVIDED AS PART OF 
THE SOFTWARE. YOUR USE OF ANY ANCILLARY SOFTWARE SHALL BE GOVERNED BY THAT 
PARTY'S LICENSE AGREEMENT ("ANCILLARY SOFTWARE LICENSE") AND NOT BY THIS 
AGREEMENT. THE LICENSES FOR THE ANCILLARY SOFTWARE ARE INCLUDED IN SUCH A
NCILLARY SOFTWARE AND/OR SET FORTH IN THE "ReleaseNotes.pdf " FILE THAT 
IS PROVIDED AS PART OF THE SOFTWARE. IF YOU CHOOSE TO ACCEPT THIS 
AGREEMENT WITHOUT REVIEWING SUCH ANCILLARY SOFTWARE LICENSES OR OTHER 
TERMS, YOU WILL BE DEEMED TO HAVE ACCEPTED SUCH ANCILLARY LICENSES OR 
OTHER TERMS.

BY USING THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE SOFTWARE LICENSE 
TERMS AND THE APPLICABLE WARRANTY STATEMENTS CONTAINED IN OR OTHERWISE 
ACCOMPANYING THE SOFTWARE, AS WELL AS THE TERMS AND CONDITIONS ACCOMPANYING 
THE ANCILLARY SOFTWARE SET FORTH IN THE ReleaseNotes.pdf  FILE.  IF YOU DO 
NOT ACCEPT SUCH SOFTWARE LICENSE AND WARRANTY STATEMENT TERMS, AS WELL AS 
THE TERMS AND CONDITIONS ACCOMPANYING THE ANCILLARY SOFTWARE OR SET FORTH 
THE ReleaseNotes.pdf  FILE, THEN YOU ARE NOT GRANTED A LICENSE TO THE 
SOFTWARE, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE, AND YOU MAY NOT 
DOWNLOAD THE SOFTWARE. 

 

NOTICE:	This software is licensed, not sold, if you do not agree to 
these terms, you may not use the software.
1.	DEFINITIONS

a) "Use" means downloading, installing, storing, executing, or displaying 
Software on a Device.

b)	"Products" means Software, documentation, accessories, supplies, and 
upgrades that are determined by HP to be available from HP upon receipt 
of Customer's order. 

c)	"Software License" means the Software license grant and general license 
terms set forth herein. 

2.	LICENSE GRANT

a)	Provided that Customer has a valid software license to use HP Tru64 
UNIX Version 5.1B-5 (as described below), HP grants Customer a world-wide, 
non-exclusive license to Use the object code version of the Software so 
long as it is used solely in conformance with: 

1)	the terms set forth herein; and 

2)	HP's third party suppliers' terms that accompany the Software. 
In the event of a conflict, the third party suppliers' terms that 
accompany the Software will take precedence over the terms set forth 
herein. The terms applicable to this transaction in total are referred t
o as the "Agreement".  A valid software license to use HP Tru64 UNIX 
Version 5.1B-5 can be purchased separately or through the ownership of 
a valid software update license which can be purchased separately or 
via an update support agreement which includes license to use, license 
subscription, or rights to use new versions of software.

b)	All Software Licenses will be perpetual unless terminated or transferred 
in accordance with Section 3. g).

c)	If Customer is an HP authorized reseller, Customer may sublicense the 
Software to an end-user for its Use or (if applicable) sublicense the 
Software to an HP authorized reseller for subsequent distribution to an 
end-user for its Use. These sublicenses must incorporate the terms of 
this Software License in a written sublicense agreement, which will be 
made available to HP upon request.  If Customer is not an HP authorized 
reseller, Customer may not sublicense the Software unless otherwise 
agreed to by HP in writing.

e) HP, or its designee(s), shall, during regular business hours at 
Customer's offices and in such a manner that does not interfere with 
Customer's normal business activities, have the right to inspect and 
audit, or have a third party perform an inspection and audit, the number 
of copies of Software Used or distributed by Customer, the computers on 
which the Software, if any, is installed and the number of users Using 
any such Software.  If any audit discloses underpayments of five 
percent (5%) or more of the amount of license fees Customer should 
have actually paid to HP for the valid software license to use HP 
Tru64 UNIX Version 5.1B-5 entitling Customer to Use the Software, 
Customer shall bear all of the costs of the audit.  HP's audit rights 
shall not terminate or expire until three (3) years after termination 
or expiration of this Agreement. 

3.	GENERAL LICENSE TERMS 

a)	Software is owned and copyrighted by HP or by third party suppliers. 
Customer's Software License 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 may protect their rights in the 
Software directly against Customer in the event of any infringement.

b)	Unless otherwise permitted in writing by HP, Customer 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 
backup Device is discontinued when the original or replacement Device 
becomes operable.

c)	Customer must reproduce all copyright notices and other proprietary 
legends in or on the original Software on all permitted copies or 
adaptations. Customer may not copy the Software onto any public or 
distributed network.

d)	Subject to Section 3.b), above, Bundled Software provided to 
Customer may only be used when operating the Device in which the 
Bundled Software was installed by HP in configurations as sold or 
subsequently upgraded by HP. 

e)	Updates, upgrades or other enhancements are only available under 
HP Support agreements. HP reserves the right to require additional 
licenses and fees for Use of the Software on Devices other than the 
Devices in which the Bundled Software were installed by HP.

f)	Customer will not modify, disassemble or decompile the Software 
without HP's prior written consent. Where Customer has other rights 
under statute, Customer will provide HP with reasonably detailed 
information regarding any intended disassembly or decompilation. 
Customer will not decrypt the Software unless necessary for 
legitimate use of the Software.

g)	Customer's Software License is transferable only upon HP's 
prior written authorization and payment  to HP of any applicable 
fee(s). Upon transfer of the Software License, Customer will 
immediately deliver all copies of the Software to the transferee. 
The transferee must agree in writing to the terms of Customer's 
Software License. All Software License terms will be binding on 
involuntary transferees, notice of which is hereby given. Any 
transfer of the Software by the Customer in accordance with the 
provisions of this Section 3.g) shall not relieve Customer of any 
liability for the performance of Customer's obligations under this 
Agreement. Customer's right to Use the Software License will 
automatically terminate upon transfer.

h)	HP may terminate Customer's or any transferee's or sublicensee's 
Software License upon notice for failure to comply with any 
applicable Agreement terms. Immediately upon termination, the 
Software and all copies of the Software will be destroyed or 
returned to HP. Copies of the Software that are merged into 
adaptations, except for individual pieces of data in Customer's or 
transferee's or sublicensee's database, will be removed and destroyed 
or returned to HP. With HP's written consent, one copy of the Software 
may be retained subsequent to termination for archival purposes. 
Customer may terminate this Agreement by returning the Software to HP. 

i)	In the following provision regarding Software Licenses to the U.S. 
Government, the term "Customer" means HP's direct purchaser, any entity
 or individual sublicensing the Software, and the end-user.

1)	If Software is licensed for use in the performance of a U.S 
government prime contract or subcontract, Customer agrees that 
Software has been developed entirely at private expense. Customer 
agrees that Software, and any derivatives or modifications, is 
adequately marked when the Restricted Rights Legend below is affixed 
to the Software or to its storage media and is perceptible directly 
or with the aid of a machine or device. Customer agrees to 
conspicuously put the following legend on the Software media with 
Customer's name and address added below the notice:
RESTRICTED RIGHTS LEGEND

Use, duplication or disclosure is subject to HP standard commercial 
license terms and for non-DOD Departments and Agencies of the U.S. 
Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)
(Jun 1987).

Hewlett-Packard Company
3000 Hanover Street
Palo Alto, CA 94304 U.S.A.

Copyright (c)  2005 Hewlett-Packard Company. All Rights Reserved


2)	Customer further agrees that Software is delivered and 
licensed as "Commercial computer software" as defined in 
DFARS 252.227-7014(Jun 1995) or as a "commercial item" as 
defined in FAR 2.101(a), or as "Restricted computer software" 
as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency 
regulation or contract clause), whichever is applicable. The 
Customer agrees that it has only those rights provided for such 
Software by the applicable FAR or DFARS clause or the HP standard 
software agreement for the product involved.

4.	GENERAL
a)	Customer may not assign or transfer this Agreement or any 
rights or obligations hereunder without prior written consent 
of HP.   Any such attempted assignment or transfer will be null 
and void.  HP may terminate this Agreement in the event of any 
such attempted assignment or transfer.

b)	Customer agrees and certifies that the Software, HP licensed 
Products, technology or technical data obtained hereunder, will 
not be exported, re-exported or imported except as authorized 
and permitted by the laws and regulations for obtaining required 
export and import authorizations. HP may terminate this Agreement 
if Customer is in violation of any applicable laws or regulations.
Customer agrees to indemnify and hold HP and its suppliers 
harmless from any claims arising from any breach of this Section 
by Customer or any of its directors, officers, employees, 
subdistributors, customers or any third party to whom Customer 
provides access to the Software.

c)	Disputes arising in connection with this Agreement will be 
governed by the laws of the country and locality in which HP 
accepts the order.  For orders accepted in the United States, 
disputes will be governed by the laws of the state of California. 

d)	If any term or provision herein is determined to be illegal or 
unenforceable, the validity or enforceability of the remainder 
of the terms or provisions herein will remain in full force and 
effect. Provisions herein which by their nature extend beyond 
the termination of any license of Software will remain in effect 
until fulfilled.

e)	These HP Software License Terms supersede any previous 
communications, representations or agreements between the parties, 
whether oral or written, regarding transactions hereunder. 
Customer's additional or different terms and conditions will not 
apply. These HP Software License Terms may not be changed except 
by an amendment signed by an authorized representative of each party.

f)	The waiver or failure of either party to exercise in any respect 
any right provided for in the Agreement shall not be deemed a 
waiver of any further right under this Agreement.
 
LIMITED WARRANTY STATEMENT

HP SOFTWARE PRODUCT	DURATION OF LIMITED WARRANTY  
90 Days {MATCH TO  HP WARRANTY CODE}

Scope. The limited warranty is limited to the HP owned software 
portion of the HP software product ("Software").   The warranty 
for any other software portion of the HP software product 
("Ancillary Software"), if any, shall be governed by the warranty 
terms provided with the Ancillary Software and to the extent 
allowed by local law HP is providing the Ancillary Software 
"AS-IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER O
RAL OR WRITTEN, EXPRESS OR IMPLIED, AND HP SPECIFICALLY DISCLAIMS 
ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, 
SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, ACCURACY OF 
INFORMATIONAL CONTENT, AND FITNESS FOR A PARTICULAR PURPOSE 
WITH RESPECT TO THE ANCILLARY SOFTWARE; THE ENTIRE RISK AS TO 
THE RESULTS AND PERFORMANCE OF THE ANCILLARY SOFTWARE IS ASSUMED 
BY YOU.

Software Limited Warranty.  HP warrants to you that the Software 
will not fail to execute its programming instructions after the 
date of purchase, for the period specified above, due to defects 
in material and workmanship when properly installed and used. 

If HP receives notice of such defects during the warranty period, 
HP will replace Software that does not execute its programming 
instructions due to such defects.  

HP does not warrant that the operation of Software will be 
uninterrupted or error free.  

If HP is unable, within a reasonable time, to repair or replace
any product to a condition as warranted, you will be entitled 
to a refund of the purchase price upon prompt return of the product.

Exclusions. This limited warranty does not apply to defects 
resulting from (a) improper or inadequate maintenance, (b) 
unauthorized modification or misuse, or (c) operation outside 
of the published environmental specifications for the product 
or otherwise in an unclean environment.

Disclaimer. TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE 
WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY OR CONDITION, 
WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED.  HP 
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF 
MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, 
ACCURACY OF INFORMATIONAL CONTENT, AND FITNESS FOR A PARTICULAR 
PURPOSE. HP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN 
THE SOFTWARE WILL MEET YOUR REQUIREMENTS.  THE ENTIRE RISK AS 
TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY 
YOU.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HP OR 
HP'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN 
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. Some jurisdictions 
do not allow limitations on the duration of an implied warranty, 
so the above limitation or exclusion might not apply to you to t
he extent prohibited by such local laws. This warranty gives you 
specific legal rights and you might also have other rights that 
vary from country to country, state to state, or province to 
province.

Limitation of Liability. TO THE EXTENT ALLOWED BY LOCAL LAW, 
THE REMEDIES IN THIS WARRANTY STATEMENT ARE YOUR SOLE AND 
EXCLUSIVE REMEDIES.  EXCEPT TO THE EXTENT PROHIBITED BY LOCAL 
LAW, IN NO EVENT WILL HP OR ITS SUBSIDIARIES, AFFILIATES, 
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE 
FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES 
(INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING 
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE 
SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER 
LEGAL THEORY, AND WHETHER OR NOT HP WAS ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE IS NOT SPECIFICALLY 
DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, 
CONSTRUCTION, MAINTENANCE, OR DIRECT OPERATION OF A NUCLEAR 
FACILITY, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, 
AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS 
SYSTEMS. CUSTOMER IS SOLELY LIABLE IF THE SOFTWARE IS USED FOR 
THESE APPLICATIONS. CUSTOMER WILL INDEMNIFY AND HOLD HP HARMLESS 
FROM ALL LOSS, DAMAGE, EXPENSE OR LIABILITY IN CONNECTION WITH 
SUCH USE. IN ANY CASE, HP'S ENTIRE LIABILITY UNDER ANY PROVISION 
OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT 
ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. Your use of 
the Software is entirely at your own risk.  Some jurisdictions 
do not allow the exclusion or limitation of liability for 
incidental or consequential damages, so the above limitation 
may not apply to you to the extent prohibited by such local laws.

Note. EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE 
WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN 
ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE 
LICENSE OF THE SOFTWARE TO YOU; PROVIDED, HOWEVER, THAT THE 
CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS 
SPECIFICALLY DISCLAIMED AND SHALL NOT GOVERN OR APPLY TO THE 
SOFTWARE PROVIDED IN CONNECTION WITH THIS WARRANTY STATEMENT.


BY PRESSING THE CHARACTER "y"  AND USING THE SOFTWARE YOU 
INDICATE YOUR ACCEPTANCE OF THE AGREEMENT.  IF YOU PRESS 
THE CHARACTER "n" AND DO NOT ACCEPT THE AGREEMENT, THEN 
YOU ARE NOT GRANTED A LICENSE TO THE SOFTWARE, YOU ARE NOT 
AUTHORIZED TO USE THE SOFTWARE, AND YOU MAY NOT DOWNLOAD 
THE SOFTWARE.
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