HP Power Manager

This software is classified as an encryption item under the United States Export Administration Regulations (EAR). Export of this software is controlled by the United States Export Administration Regulations, and may also be controlled by other national regulations.		Product information » Overview & Features » Key benefits » Questions & Answers

	HP Power Manager License Agreement

PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND YOUR COMPANY ("LICENSEE") AND HEWLETT-PACKARD COMPANY ("HP"). BY CLICKING THE "ACCEPT" BUTTON BELOW OR INSTALLING THE SOFTWARE, (i) LICENSEE DOES SO WITH THE INTENT TO ELECTRONICALLY 'EXECUTE' THIS AGREEMENT, AND (ii) LICENSEE AGREES TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE "AS-IS WARRANTY STATEMENT", AS WELL AS ANY TERMS AND CONDITIONS CONTAINED IN THE "ANCILLARY.TXT" FILE WITHIN THIS DOCUMENT.

IF LICENSEE DOES NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (A) LICENSEE MAY NOT INSTALL THE SOFTWARE; (B) LICENSEE MAY INDICATE REJECTION OF THIS AGREEMENT BY CLICKING THE "DISAGREE" BUTTON; AND (C) HP DOES NOT GRANT LICENSEE ANY RIGHTS TO USE THE SOFTWARE. NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES LICENSEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

THE LICENSE GRANTED HEREIN AND ITS LIMITATIONS APPLY TO LICENSEE'S EMPLOYER OR PRINCIPAL ("PRINCIPAL") AS WELL AS TO LICENSEE AS AN AGENT OF THE PRINCIPAL. SHOULD LICENSEE CEASE WORKING FOR THE PRINCIPAL, THE PRINCIPAL MAY CONTINUE TO EXERCISE THE RIGHTS GRANTED HEREUNDER PROVIDED THAT THE PRINCIPAL CONTINUES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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 ("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 INFORMATION IN THE "ANCILLARY.TXT" FILE. THE ANCILLARY SOFTWARE LICENSES ARE ALSO SET FORTH IN THE "ANCILLARY.TXT" FILE. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE IS ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY SOFTWARE LICENSE IN THE ANCILLARY.TXT FILE.

IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL PUBLIC LICENSE ("GPL SOFTWARE"), LICENSEE MAY OBTAIN A COMPLETE MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE") FROM HP POWER MANAGER INSTALL FOLDER LOCATED ON THIS CD OR IF DOWNLOADED FROM THE HP WEB SITE THE FOLDER HP POWER MANAGER WAS UNCOMPRESSED IN.

SUBJECT TO ANY RIGHTS, LIMITATIONS AND OBLIGATIONS SET FORTH IN THE LICENSE TERMS FOR THE ANCILLARY SOFTWARE WHETHER OR NOT INCLUDED IN THE ANCILLARY.TXT FILES:

1. LICENSE GRANT. HP grants Licensee a non-exclusive, non-transferable (except as provided in Section 15), worldwide (except for the countries referenced in Section 11) license under HP's copyrights, provided that Licensee complies with all the terms and conditions of this Agreement, to use, execute and display ("Use") the object code version of the Product on the HP computer on which this Product is installed and in the operating environment as identified by HP in the accompanying materials, for the period of time identified as the Term in Section 9 of this Agreement. Licensee may only make copies or adaptations of the Product for archival purposes or when copying or creating an adaptation is an essential step in the authorized Use of the Product on a backup computer or device, provided however that copies and adaptations are used in no other manner and provided further that the Use on the backup computer or device is discontinued when the original or replacement computer or device becomes operable. Licensee shall not otherwise reproduce or distribute the Product. HP, its third party suppliers, and Ancillary Software providers reserve all rights not expressly granted to Licensee in this Agreement.
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. To receive a New Release, Licensee must first be licensed for the original Product and be identified by HP as eligible for the New Release. If HP offers a New Release, it may come with its own terms and conditions, however if it does not, Licensee may use the New Release only under the terms and conditions of this Agreement. After installing the New Release, Licensee may no longer Use the original Product.
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, and HP will offer to Licensee the New Version on terms and conditions stated herein. To receive a New Version, Licensee must first be licensed for the original Product and be identified by HP as eligible for the new Version. If HP offers a New Version, it may come with its own terms and conditions, however if it does not, Licensee may use the New Version only under the terms and conditions of this Agreement. After installing the New Version, Licensee may no longer Use the original Product.
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 listed in the ANCILLARY.TXT file. Licensee's 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 Licensee.
5. TRANSFER. Without the prior written consent of HP, or unless specifically permitted in the Ancillary Software License, Licensee has 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. Licensee 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 In general, for HP software products, technical support for questions regarding media and Product installation will 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, Licensee 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 Licensee has other statutory rights with regard to software, Licensee shall provide HP with reasonably detailed information regarding any intended disassembly or decompilation of the Product prior to performing such disassembly or decompilation. Licensee shall not decrypt the Product unless necessary for the licensed Use of the Product.
9. TERM AND TERMINATION. Licensee may exercise the rights of this Agreement and of the Ancillary Software Licenses for a period of time starting at Licensee's acceptance of such terms and conditions and for so long as Licensee meets such terms and conditions ("Term"). Notwithstanding the foregoing, HP may terminate Licensee's right to Use the Product, upon notice, for Licensee's failure to comply with any such term or condition. Immediately upon termination, Licensee shall remove, destroy, or return to HP all copies of the Product, including those copies of the Product that are merged into Licensee adaptations, except for individual pieces of data in Licensee's database. With HP's prior written consent, one copy of the Product may be retained, for archival purposes only, subsequent to termination. Licensee may terminate this Agreement at any time by returning or destroying the Product together with merged portions in any form.
10. U.S. GOVERNMENT RIGHTS. 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.
11. 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, 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 Licensee confirms that Licensee is 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.
12. 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.
13. 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.
14. CONSENT TO USE OF DATA. Licensee agrees that HP may collect and use technical information that Licensee provides in connection with Licensee's Use and request for technical support of the Product from HP, however, HP will not use this information in a form that personally identifies Licensee.
15. ASSIGNMENT. Licensee 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, Licensee may assign this Agreement and the rights granted hereunder with the transfer of all or substantially all of Licensee's business. The right to assign or transfer Ancillary Software is governed by the terms and conditions of the Ancillary Software Licenses.
16. ENTIRE AGREEMENT. This Agreement, including all Ancillary Software Licenses in the ANCILLARY.TXT file, is the final, complete and exclusive agreement between Licensee 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 Licensee 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.

1. DISCLAIMER. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS PRODUCT AND SUPPORT SERVICES, IF ANY, ARE PROVIDED TO LICENSEE "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. LICENSEE ASSUMES 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 Licensee to the extent prohibited by such local laws. Licensee may have other rights that vary from country to country, state to state, or province to province.
2. LIMITATION OF LIABILITY. 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 (COLLECTIVELLY "HIGH RISK APPLICATIONS"). LICENSEE IS SOLELY LIABLE IF THE PRODUCT IS USED FOR HIGH RISK APPLICATIONS, AND LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR LIABILITY IN CONNECTION WITH SUCH USE. Licensee assumes the entire risk as to Licensee's Use of the Product. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to Licensee to the extent prohibited by such local laws.