commit: 1814628d11e9b45e34403018cb592a9c5b51f709 Author: Thomas Deutschmann <whissi <AT> gentoo <DOT> org> AuthorDate: Fri Aug 12 18:54:13 2016 +0000 Commit: Thomas Deutschmann <whissi <AT> gentoo <DOT> org> CommitDate: Fri Aug 12 19:33:10 2016 +0000 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=1814628d
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 licenses/hpe | 202 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 202 insertions(+) diff --git a/licenses/hpe b/licenses/hpe new file mode 100644 index 0000000..cbca4e6 --- /dev/null +++ b/licenses/hpe @@ -0,0 +1,202 @@ +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
