HP ProLiant BL p-Class GbE2 User Manual page 3

This Software License Agreement ("License Agreement") is between you, the end-user
("Customer") and Hewlett-Packard Company and its subsidiaries and affiliates ("HP").
PLEASE READ THE FOLLOWING CAREFULLY. YOU MUST ACCEPT THESE
LICENSE TERMS IN ORDER TO USE THE SOFTWARE. USE OF THE SOFTWARE
CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT.
"Software" is licensed by HP and is copyrighted and licensed, not sold. Software consists of
machine-readable instructions, its components, data, audio-visual content (such as images,
text, recordings or pictures) and related licensed materials including all whole or partial
copies. HP grants you a license to use the Software only in the country where you acquired
the Software. You obtain no rights other than those granted to you under this License
Agreement. You are responsible for the selection of the Software and for the use of, and
results obtained from the Software.
1. Licensed Use of Software. HP grants Customer a nonexclusive license to use a copy of
the Software on only one machine at any one time or to the extent of the activation or
authorized usage level, whichever is applicable. To the extent Software is furnished for use
with designated hardware or Customer furnished equipment ("CFE"), Customer is granted a
nonexclusive license to use Software only on such hardware or CFE, as applicable. Software
contains trade secrets and Customer agrees to treat Software as confidential information using
the same care and discretion Customer uses with its own similar information that it does not
wish to disclose, publish or disseminate. Customer will ensure that anyone who uses the
Software does so only in compliance with the terms of this Agreement. Customer shall not a)
use, copy, modify, transfer or distribute the Software except as expressly authorized; b)
reverse assemble, reverse compile, reverse engineer or otherwise translate the Software; c)
create derivative works or modifications unless expressly authorized; or d) sublicense, rent or
lease the Software. Licensors of intellectual property to HP are beneficiaries of this provision.
Upon termination or breach of the license by Customer or in the event designated hardware or
CFE is no longer in use, Customer will promptly return the Software to HP or destroy it, and
certify its destruction upon request.
2. Warranty. Except as may be otherwise expressly agreed to in writing between Customer
and the entity from which the accompanying hardware was purchased, Software is provided
"AS IS" without any warranties (conditions) of any kind. HP DISCLAIMS ALL
WARRANTIES (CONDITIONS) FOR THE SOFTWARE, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABLITITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY
WARRANTY OF NON-INFRINGEMENT. HP is not obligated to provide support of any
kind for the Software. Other rights with respect to the Software may have been granted to you
pursuant to the agreement under which you obtained the accompanying hardware. Some
jurisdictions do not allow exclusion of implied warranties, and, in such event, the above
exclusions may not apply.
HP CONFIDENTIAL Codename: Strawberry Part Number: 331399-001 Last Saved On: 7/17/03 2:12 PM