This agreement applies all distributions of HPE Helion Stackato except the VirtualBox distribution.
Applicability. This end user license agreement (the "Agreement") governs the use of the accompanying HPE Helion Stackato Software ("Software"), unless it is subject to a separate agreement between you and Hewlett Packard Enterprise Company and its affiliates and subsidiaries ("HPE"). By downloading, copying, or using the Software you agree to this Agreement.
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 below and at: HPE Helion Stackato® Open Source and Third Party Software License Agreements.
Authorization. If you agree to this Agreement on behalf of another person or entity, you warrant you have authority to do so.
Consumer Rights. If you obtained the Software as a consumer, nothing in this Agreement affects your statutory rights.
Electronic Delivery. HPE may elect to deliver the Software and related software product or license information by electronic transmission or download.
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 the Software for your Internal Use (as defined below) 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:
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 such program is made available.
Ownership. No transfer of ownership of any intellectual property will occur under this Agreement.
Copyright Notices. You must reproduce copyright notices on the Software and documentation for authorized copies.
90-day Limited Warranty for HPE Software. HPE-branded software 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 the Software will be uninterrupted or error free, or that the Software will operate in hardware and software combinations other than as authorized by HPE in any Supporting Material. To the extent permitted by law, HPE disclaims all other warranties.
Intellectual Property Rights Infringement. Subject to Section 14(e) of this Part 1, 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.
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 11 ("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.
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 the 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 14 ("General") will survive termination.
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, then despite any other provision of this Agreement, the terms at this URL apply: http://www.hp.com/go/SWLicensing.
Additional license authorizations related to ancillary, third party, and open source software components are available at: HPE Helion Stackato® Open Source and Third Party Software License Agreements.
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