Trailblazer - License Information

READ CAREFULLY: THE USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW (“AGREEMENT”), UNLESS THE SOFTWARE IS SUBJECT TO A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND HP OR ITS SUPPLIERS. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, OR BY CHOOSING THE “I ACCEPT” OPTION LOCATED ON OR ADJACENT TO THE SCREEN WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE SOFTWARE WITH PROOF OF PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU DOWNLOADED THE SOFTWARE, CONTACT THE PARTY FROM WHOM YOU ACQUIRED IT.

1. You and Your refer either to an individual person or to a single legal entity.
2. HP means Hewlett-Packard Company or one of its subsidiaries.
3. Software means machine-readable instructions and data (and copies thereof) including middleware, firmware and related updates and upgrades You may be separately authorized to receive, licensed materials, user documentation, user manuals, and operating procedures.

1. Subject to the terms and conditions of this Agreement and the payment of any applicable license fee, HP grants You a non-exclusive, non-transferable license to install, store, load, execute, and display one copy of the Software on one device at a time for Your internal business purposes. Your use of the Software is subject to these license terms and to the other restrictions specified by HP in any other tangible or electronic documentation delivered or otherwise made available to You with or at the time of purchase of the Software, including license terms, warranty statements, user manuals and documentation, and “readme” or other informational files included in the Software itself, as well as HP published technical data sheets. Such restrictions are hereby incorporated in this Agreement by reference.
2. This Agreement 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 independently may protect their rights in the Software in the event of any infringement. All rights not expressly granted to You are reserved solely to HP or its suppliers.
3. Unless otherwise permitted by HP, You (a) 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, 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.
4. 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. After updating or upgrading, You may no longer use the original Software that formed the basis for Your update or upgrade eligibility. Nothing in this Agreement grants You any right to purchase or receive Software updates, upgrades, or support.
5. 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.
6. Notwithstanding anything to the contrary herein, where identified in the documentation described in Section 2(a) above, Your license to use the Software is non-transferable and for use only on a computer system owned, controlled, or operated by or solely on Your behalf and may be further identified by HP by the combination of a unique number and a specific system type (“Designated System”). 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Notwithstanding anything in this Agreement to the contrary, all or any portion of the Software which constitutes non-proprietary HP software or software provided under open source, public or other third party license ("Freeware") is licensed to You subject to the terms and conditions of the software license agreement accompanying such Freeware, whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware 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 4 hereof.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES. HP does not warrant that the operation of Software will be uninterrupted or error free or that the Software will meet Your requirements. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to You in its entirety.

This Agreement is effective unless terminated or rejected. If the Software is provided for evaluation purposes, the term of this Agreement will be for thirty (30) days, unless a different evaluation period is stated in the Software description. Notwithstanding the foregoing, this Agreement will also terminate upon conditions set forth elsewhere in this Agreement or if You fail to comply with any term or condition hereof. Immediately upon termination You will destroy the Software and all copies of the Software or return them to HP. You may retain one copy of the Software subsequent to termination solely for archival purposes only. At HP’s request, You will certify in writing to HP that You have complied with these requirements. Sections 3 through 6 of this Agreement will survive termination of this Agreement.

1. You may not assign, sublicense, delegate or otherwise transfer (“Assign”) all or any part of this Agreement without prior written consent from HP, payment to HP of any applicable fees, and compliance with HP's Software license transfer policies and any applicable third party license terms. Any such attempted Assignment will be null and void. Where an authorized Assignment occurs in accordance with this Section, Your rights under this Agreement will terminate, and You will immediately deliver the Software and all copies to the Assignee. The Assignee must agree in writing to the terms of this Agreement, and the transferee thereafter will be considered “You” for purposes of this Agreement. You may transfer firmware only upon transfer of the associated hardware.
2. If the Software is licensed 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 HP’s standard commercial license.
3. 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.
4. 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 sub-section.
5. 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.
6. 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.
7. 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.