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IMPORTANT -
Carefully read the license terms before proceeding.
You may use the scroll bar to read all of the
license terms.
If you agree to the terms, please click on the "I
accept" button.
If you do not agree to the terms, click on the "I
do not accept" button in which case you
will not be permitted to proceed.
LICENSE TERMS
1. GRANT
Hewlett-Packard Company ("HP") grants
you the right to use Data Access Software for
Tru64 UNIX (the "Software") on a single
computer. You may NOT, however, disclose benchmark
or performance testing results to any third party
without the specific permission of HP.
You may copy the Software into the local memory
or storage device of your computer, and you may
copy the UNIX portion of the Software to a single
UNIX computer. You may make archive or back up
copies of the Software.
You may designate one predominant user for each
computer. The predominant user may use the Software
on one additional computer, either a computer
at home or a portable computer.
You may permanently transfer your rights to
use the Software, the Software itself including
any updates to the specified version of the Software,
and the accompanying documentation, provided
you retain no copies of the Software, updates,
documentation, and the recipient agrees to these
License Terms.
2. COPYRIGHT
The Software is owned by HP and its suppliers
and is protected by copyright laws and international
treaties. Your use of the Software and associated
documentation is subject to the applicable copyright
laws and the express rights and restrictions
of these terms.
3. RESTRICTIONS
You may not rent, lease, or otherwise transfer
the Software except as expressly authorized in
these terms. You may not make the Software available
over the internet or similar networking technology.
You may not remove any copyright, trademark,
or other proprietary notices from the Software
or the media. You may not reverse engineer, decompile,
or disassemble the Software, except to the extent
HP cannot prohibit such acts by law.
LIMITED WARRANTY
HP warrants that the Software will perform substantially
as described in Software Product Description
(SPD), or documentation accompanying the Software
if SPD not provided, for a period of ninety (90)
days from delivery. HP SPECIFICALLY EXCLUDES
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
EXCLUSIVE REMEDY. The entire liability of
HP and its suppliers and your exclusive remedy
for Software which does not conform to this
Limited Warranty shall be, at the option of
HP, either (1) repair or replacement of the
nonconforming Software, or (2) refund of your
purchase price. This warranty and remedy are
subject to your returning the nonconforming
Software during the warranty period to HP in
the country in which you obtained the Software.
DISCLAIMER OF WARRANTIES. THE ABOVE WARRANTIES
ARE YOUR EXCLUSIVE WARRANTIES AND NO OTHER
WARRANTY, EXPRESS OR IMPLIED, WILL APPLY. HP
does not warrant that the operation of the
Software will be uninterrupted or error free.
ALLOCATION OF LIABILITY
THE TOTAL LIABILITY OF COMPAQ AND ITS SUPPLIERS
TO YOU FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED
TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCT.
THIS LIMITATION WILL APPLY REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT OR TORT,
INCLUDING WITHOUT LIMITATION NEGLIGENCE. THE
FOREGOING LIMITATION DOES NOT APPLY TO DAMAGES
RESULTING FROM PERSONAL INJURY CAUSED BY THE
NEGLIGENCE OF HP.
IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES RESULTING FROM LOSS OF DATA
OR USE, LOST PROFITS, OR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES.
U.S. GOVERNMENT RESTRICTED RIGHTS
Commercial Computer Software, and Computer Software
Documentation, and Technical Data for Commercial
Items are licensed to the U.S. Government with
HP’s standard commercial license and, when
applicable, the rights in DFAR 252.227-7015, "Technical
Data - Commercial Items."
GENERAL
You are responsible for compliance with all
applicable export or re-export control laws and
regulations if you export the Software. This
agreement is governed by and is to be construed
under the laws of the Commonwealth of Massachusetts.
If you have any questions concerning this
agreement, please contact your local HP sales
office
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