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-
-
-		PROLIANT ESSENTIALS SOFTWARE
-
-		END USER LICENSE AGREEMENT
-
-PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY.  THIS
-AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR SINGLE
-ENTITY) ("YOU") AND HEWLETT-PACKARD COMPANY ("HP").  BY CLICKING THE "AGREE"
-BUTTON BELOW, COPYING, INSTALLING, OR OTHERWISE USING THE SOFTWARE,
-(i) YOU DO SO WITH THE INTENT TO ELECTRONICALLY "EXECUTE" THIS AGREEMENT, AND
-(ii) YOU AGREE TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND
-CONDITIONS, INCLUDING THE WARRANTY STATEMENT, AS WELL AS ANY TERMS AND
-CONDITIONS CONTAINED IN THE "ANCILLARY SOFTWARE" LIST.
-
-IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
-(A) IF THIS AGREEMENT IS DISPLAYED ELECTRONICALLY, YOU MAY INDICATE REJECTION
-    OF THIS AGREEMENT BY CLICKING THE "DISAGREE" BUTTON;
-(B) YOU SHALL NOT INSTALL THE SOFTWARE; AND
-(C) HP DOES NOT GRANT YOU ANY RIGHTS TO USE THE SOFTWARE.
-NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE SOFTWARE
-INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
-IF YOU PURCHASED THE SOFTWARE, YOU MAY RETURN THE SOFTWARE TO THE PLACE OF
-PURCHASE FOR A FULL REFUND.
-
-THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING
-THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE").  USE OF THE HP SOFTWARE, THE
-ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND THE "ONLINE" OR
-ELECTRONIC DOCUMENTATION (COLLECTIVELY THE "PRODUCT") IS CONDITIONED UPON AND
-LIMITED BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS IS WARRANTY
-STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY SOFTWARE LICENSE
-AGREEMENTS ("ANCILLARY SOFTWARE LICENSES").
-
-USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED BY THE ANCILLARY SOFTWARE LICENSE,
-EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
-PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL
-ALSO APPLY TO SUCH ANCILLARY SOFTWARE.  HP HAS IDENTIFIED ANCILLARY SOFTWARE
-BY EITHER NOTING THE ANCILLARY SOFTWARE PROVIDER"S OWNERSHIP WITHIN EACH
-ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY PROVIDING LICENSING INFORMATION IN
-THE "ANCILLARY SOFTWARE" LIST. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS
-AGREEMENT, YOU ARE ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY
-SOFTWARE LICENSE IN THE ANCILLARY SOFTWARE LIST.
-
-IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL
-PUBLIC LICENSE ("GPL SOFTWARE"), YOU MAY OBTAIN A COMPLETE MACHINE-READABLE
-COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") BY DOWNLOAD FROM A
-SITE SPECIFIED IN THE FOLLOWING HP WEBSITE:
-HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML.
-UPON YOUR WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE COST OF
-DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE CODE, BY MAIL,
-TO YOU.  INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE
-MAY BE FOUND AT THE FOLLOWING WEBSITE:
-HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/VALUEPACK/LICENSING.HTML .
-
-
-LICENSE TERMS
-
-SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY RIGHTS,
-LIMITATIONS AND OBLIGATIONS SET FORTH IN THE ANCILLARY SOFTWARE LICENSES:
-
-1.	LICENSE GRANT
-
-a.	IF SOFTWARE DOES NOT REQUIRE AN ACTIVATION KEY.  If the Software does
-not require an Activation Key and provided that You comply with all the terms
-and conditions of this Agreement, HP grants You a non-exclusive,
-non-transferable (except as provided in Section 16), worldwide (except for the
-countries referenced  in Section 12) license under HP's copyrights, to install,
-copy on as many computers as you need for your business, use, execute, make
-archival or backup copies, and display ("Use") the object code version of the
-Product on the computer(s) on which this Product is installed and in the
-operating environment as identified by HP in the accompanying materials.
-
-b.	IF SOFTWARE REQUIRES AN ACTIVATION KEY.  If the Software requires an
-Activation Key, and provided that You comply with all terms and conditions of
-this Agreement, then depending upon the specific hardware configuration You
-employ, HP grants You the following license  ("License Type") and rights:
-
-	Authorized Copies.  You are licensed to install, make Authorized Copies
-of (as defined in this section), execute, and display ("Use") the object code
-version of the Product on an equivalent number of Computers, Host/Client Pairs,
-Computer Nodes, or Clustered Computers (as defined in the table below) as you
-have Authorized Copies.  Authorized Copies is defined as the number of copies
-that you have paid for as stated in the invoice or comparable document
-evidencing an authorized quantity.
-
-LICENSE TYPE 	SOFTWARE INSTALLS TO:		LICENSED RIGHTS
-		(hardware configuration)
-------------------------------------------------------------------------------
-Computer	A computer 			You have a right to install
-						and Use the Product on a single
-						computer. The installed copy
-						may not be transferred to or
-						used on any other computer.
-
-------------------------------------------------------------------------------
-Node/Client	A set of computers with a	You have a right to install and
-		minimum of one host and one	Use the Product on a Host/Client
-		client connected to each	Pair or a Single Node.  Copies
-		other ("Host/Client Pair"),	of the Product installed on a
-		or in certain instances, a	Host/Client Pair or Single Node
-		single computer			may not be transferred to any
-		("Single Node")			other host or client computers
-						or other single nodes. You can
-						continue to Use the Product on
-						licensed clients when a new
-						server is introduced to the
-						licensed clients.
-
-------------------------------------------------------------------------------
-Cluster		More than two computers		You have a right to install and
-		physically connected together	Use the Product on each
-		in a cluster configuration	Clustered Computer. The
-		(each of which is referred to	installed copy may not be
-		as "Clustered Computer")	transferred to or used on any
-						other computer.
-
-		
-	Storage.  You may copy the Product into the local memory or storage
-device of the hardware configuration loaded with the Authorized Copies. You may
-copy the Product onto a reasonable number of network servers or a secure
-intranet for the sole purpose of distributing the Product to the Computers,
-Host/Client Pairs, Computer Nodes, or Clustered Computers.  You may make
-archival or back-up copies of the Product. You shall keep the activation key
-with the hardware configuration to which the activation key is licensed. You
-should keep copies of the activation key information for future retrieval
-purposes.
-
-2.	 NEW RELEASES.  "New Release" means a release of the Product that may
-contain fixes, corrections, or minor improvements to the Product.  New Releases
-are distributed from time to time solely at the option of HP.  If HP offers a
-New Release, it may come with its own terms and conditions, however if it does
-not, You may use the New Release only under the terms and conditions of this
-Agreement.
-3.	NEW VERSIONS.  "New Version" means a version of the Product that may
-contain significant changes, enhancements, and/or functional improvements to
-the Product.  New Versions are distributed solely at the option of HP.  If HP
-offers a New Version, it may come with its own terms and conditions, however
-if it does not, You may use the New Version only under the terms and conditions
-of this Agreement.
-4.	OWNERSHIP.   The Product is owned and copyrighted by Hewlett-Packard
-Development Company, L.P., HP's intellectual property management company, and
-by third party suppliers, except for the Ancillary Software, which is owned and
-copyrighted by the Ancillary Software providers indicated in the ANCILLARY
-SOFTWARE list.  Your right to Use the Product confers no title or ownership and
-is not a sale of the Product or any part thereof.  Third party suppliers and
-Ancillary Software providers are intended beneficiaries under this Agreement
-and may protect their rights in their respective portions of the Product
-directly against You.
-5.	TRANSFER. Without the prior written consent of HP, or unless
-specifically permitted in the Ancillary Software License,  You have no right
-(a) to rent, lease, lend, or otherwise transfer the rights to the Product to
-anyone else; (b) to Use the Product for commercial timesharing or bureau use;
-or (c) to copy the Product onto any public or distributed network.
-6.	 COPYRIGHT.  United States copyright laws, other countries' copyright
-laws, and international treaty provisions protect the Product.  You shall not
-remove any product identification, copyright notices, or proprietary notices
-from the Product.
-7.	SUPPORT.  Support terms and conditions and contact information are
-detailed in the Worldwide Limited Warranty and Technical Support for Industry
-Standard Server Products statement ("Support Statement"), a copy of which is
-available on the HP web site at www.hp.com.  Subject to the terms of the
-Support Statement, for HP software products installed on HP computers,
-technical support for questions regarding media and Product installation may
-be available for a ninety (90) day period from the date of purchase of the HP
-computer on which this Product is installed ("Support Term").  To access this
-support in North America, call the HP Technical Support Phone Center at
-1-800-652-6672.  This service is available during normal business hours,
-Monday through Friday, during the Support Term.  Outside North America, call
-the nearest HP Technical Support Center.  No other support, including
-without limitation any on-site support, is provided under this Agreement.
-8.	LIMITATION ON REVERSE ENGINEERING.  Reverse engineering of Ancillary
-Software shall be governed by its respective Ancillary Software License. As
-for the remainder of the Product, You shall not modify, disassemble, reverse
-engineer, decompile, decrypt, or otherwise attempt to access or determine the
-source code of the Product without HP's prior written consent.  Where You have
-other statutory rights with regard to software, You shall provide HP with
-reasonably detailed information regarding any intended disassembly or
-decompilation of the Product prior to performing such disassembly or
-decompilation.  You shall not decrypt the Product unless necessary for the
-licensed Use of the Product.
-9.	RESERVATION OF RIGHTS.  HP, its third party suppliers, and Ancillary
-Software providers reserve all rights not expressly granted to You in this
-Agreement.
-10.	TERM AND TERMINATION.  You may exercise the rights of this Agreement
-and of the Ancillary Software Licenses for a period of time starting at Your
-acceptance of the terms and conditions of this Agreement and for so long as
-You meet such terms and conditions ("Term").  Notwithstanding the foregoing,
-HP may terminate Your right to Use the Product, upon notice, for Your failure
-to comply with any such term or condition.  Immediately upon termination, You
-shall remove, destroy, or return to HP all copies of the Product, including
-those copies of the Product that are merged into Your adaptations, except for
-individual pieces of data in Your database.  With HP's prior written consent,
-one copy of the Product may be retained, for archival purposes only, subsequent
-to termination.  You may terminate this Agreement at any time by returning or
-destroying the Product together with merged portions in any form.
-11.	CONFIDENTIAL COMPUTER SOFTWARE.  Valid license from HP required for
-possession, use, or copying.  Consistent with FAR 12.211 and 12.212, Commercial
-Computer Software, Computer Software Documentation, and Technical Data for
-Commercial Items are licensed to the U.S. Government under vendor's standard
-commercial license.
-12.	COMPLIANCE WITH LAW.  The Product and any associated hardware,
-software, technology or services may not be exported, reexported, transferred
-or downloaded to persons or entities listed on the U.S. Department of Commerce
-Denied Persons List, Entity List of proliferation concern, or on any U.S.
-Treasury Department Designated Nationals exclusion list, any country under
-U.S. economic embargo, or to parties directly or indirectly involved in the
-development or production of nuclear, chemical, biological weapons or in
-missile technology programs as specified in the U.S. Export Administration
-Regulations (15 CFR 744).  By accepting this Agreement You confirm that You
-are not (i) located in (or a national resident of) any country under U.S.
-economic embargo, (ii) identified on any U.S. Department of Commerce Denied
-Persons List, Entity List or Treasury Department Designated Nationals exclusion
-list, and (iii) directly or indirectly involved in the development or
-production of nuclear, chemical, biological weapons or in missile technology
-programs as specified in the U.S. Export Administration Regulations.
-13.	APPLICABLE LAW. This Agreement shall be construed in accordance with
-the laws of the State of Texas, without regard to conflict of laws principles.
-The United Nations Convention on Contracts for the International Sale of Goods
-is specifically disclaimed.  If the Product was acquired outside the United
-States, then local law may apply.
-14.	SEVERABILITY.  If any term or provision of this Agreement is determined
-to be illegal or unenforceable, the validity or enforceability of the remainder
-of the terms or provisions herein will remain valid and in full force and
-effect. Failure or delay in enforcing any right or provision of this Agreement
-shall not be deemed a waiver of such right or provision with respect to any
-subsequent breach. Provisions herein, which by their nature extend beyond the
-termination of the license in the Product, will remain in effect until
-fulfilled.
-15.	CONSENT TO USE OF DATA. You agree that HP may collect and use technical
-information that You provide in connection with Your Use and request for
-technical support of the Product from HP, however, HP will not use this
-information in a form that personally identifies You.
-16.	ASSIGNMENT.  You may not assign, sublicense or transfer this Agreement,
-the Product, or any rights or obligations hereunder without the prior written
-consent of HP.  Any such attempted assignment, sublicense, or transfer will be
-null and void, and in such event, HP may terminate this Agreement immediately.
-Notwithstanding the foregoing, You may assign this Agreement and the rights
-granted hereunder with the transfer of all or substantially all of Your
-business.  The right to assign or transfer Ancillary Software is governed by
-the terms and conditions of the Ancillary Software Licenses.
-17.	ENTIRE AGREEMENT.  This Agreement, including all Ancillary Software
-Licenses in the ANCILLARY SOFTWARE list, is the final, complete and exclusive
-agreement between You and HP relating to the Product, and supersedes any
-previous communications, representations, or agreements between the parties,
-whether oral or written, regarding the subject matter hereof.  Any additional
-or different terms and conditions not expressly set forth herein will not
-apply.  This Agreement may not be changed except by an amendment signed by an
-authorized representative of both You and HP.  To the extent the terms of any
-HP policies or programs for support services conflict with the terms of this
-Agreement, the terms of this Agreement shall control.
-18.	WARRANTY
-
-	a.	NO ACTIVATION KEY REQUIRED SOFTWARE - AS-IS WARRANTY STATEMENT:
-
-	DISCLAIMER.  TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS PRODUCT AND
-SUPPORT SERVICES, IF ANY, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF
-ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.  HP SPECIFICALLY
-DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION,
-WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE,
-ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY
-OR COMPLETENESS OF RESPONSES, RESULTS, OR WORKMANLIKE EFFORT, LACK OF VIRUSES,
-AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF
-OR FAILURE TO PROVIDE SUPPORT SERVICES.  IN ADDITION, WITHOUT LIMITATION,
-THERE IS NO WARRANTY OF QUIET ENJOYMENT, QUIET POSSESSION AND CORRESPONDENCE
-TO DESCRIPTION WITH REGARD TO THE PRODUCT.  YOU ASSUME THE ENTIRE RISK AS TO
-THE RESULTS AND PERFORMANCE OF THE PRODUCT.  NO ORAL OR WRITTEN INFORMATION OR
-ADVICE GIVEN BY HP, HP"S AUTHORIZED REPRESENTATIVES, OR ANY OTHER PARTY SHALL
-CREATE A WARRANTY OR AMEND THIS "AS IS" WARRANTY.  Some jurisdictions do not
-allow exclusions of implied warranties or conditions, so the above exclusion
-may not apply to You to the extent prohibited by such local laws. You may have
-other rights that vary from country to country, state to state, or province to
-province.
-
-	b.	ACTIVATION KEY REQUIRED SOFTWARE - LIMITED WARRANTY.
-
-HP warrants that the Product will perform substantially in accordance with the
-accompanying materials for a period of ninety (90) days from the date of
-purchase.  If an implied warranty or condition is created by Your
-state/jurisdiction and federal or state/provincial law prohibits disclaimer of
-it, You also have an implied warranty or condition, BUT ONLY AS TO DEFECTS FOR
-WHICH CLAIMS ARE MADE WITHIN NINETY (90) DAYS FROM THE DATE OF PURCHASE. AS TO
-ANY DEFECTS DISCOVERED FOR WHICH A CLAIM IS NOT MADE WITHIN THE NINETY-DAY
-PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
-Some states/jurisdictions do not allow limitations on how long an implied
-warranty or condition lasts, so the above limitation may not apply to You.
-
-	DISCLAIMER.  The Limited Warranty that appears above is the only
-express warranty made to You and is provided in lieu of any other express
-warranties or implied warrantees (if any) created by any documentation,
-packaging or otherwise.  EXCEPT FOR THE LIMITED WARRANTY, AND TO THE MAXIMUM
-EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE PRODUCT
-AND SUPPORT SERVICES (IF ANY) "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM
-ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY,
-INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR
-CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE,
-SATISFACTORY QUALITY, NON-INFRINGEMENT OF TITLE, OF ACCURACY OR COMPLETENESS
-OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF
-LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISIONS OF OR
-FAILURE TO PROVIDE SUPPORT SERVICES.  ALSO, THERE IS NO WARRANTY OR CONDITION
-OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION,
-OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
-
-19.	LIMITATION OF LIABILITY.
-
-	a.	 FOR ALL SOFTWARE WHETHER OR NOT AN ACTIVATION KEY IS REQUIRED
-
-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 DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
-OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING
-OUT OF THE USE, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT,
-WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER
-OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE PRODUCT IS NOT
-DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION,
-MAINTENANCE, OR OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR
-AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES,
-OR WEAPONS SYSTEMS (COLLECTIVELY "HIGH RISK APPLICATIONS").  YOU ARE SOLELY
-LIABLE IF THE PRODUCT IS USED FOR HIGH RISK APPLICATIONS, AND YOU SHALL
-INDEMNIFY, DEFEND AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR
-LIABILITY IN CONNECTION WITH SUCH USE.   YOU ASSUME THE ENTIRE RISK AS TO YOUR
-USE OF THE PRODUCT.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
-LIMITATION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
-LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY SUCH LOCAL LAWS.
-
-	b.	FOR SOFTWARE REQUIRING AN ACTIVATION KEY
-
-Notwithstanding any damages that You might incur for any reason whatsoever
-(including, without limitation, all damages referenced above and all direct
-or general damages), the entire liability of HP and any of its suppliers under
-any provision of this EULA and Your exclusive remedy for all of the foregoing
-(except for any remedy of repair or replacement if elected by HP with respect
-to any breach of the Limited Warranty) shall be limited to the greater of the
-amount actually paid by You for the Product or U.S. $5.00.  The foregoing
-limitations, exclusions and disclaimers (including Warranty above) shall apply
-to the maximum extent permitted by applicable law, even if any remedy fails of
-its essential purpose.
-
-REV08/51/03	End User License Agreement