PTM Builder Software License

You must accept the terms of the following software license in order to download, install and use the PTM Builder software.

Hewlett-Packard Company
Binary Code License Agreement

This binary code license ("License") contains rights and restrictions associated with the use of the accompanying PTMbuilder software (executables), PTMviewer (executable), PTM data sets, and PTM documentation, and any future error corrections or updates provided by Hewlett-Packard (collectively "Software"). Read the License carefully before using the Software. By using the Software you agree to the terms and conditions of this License.

IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.

1. LICENSE TO USE. Hewlett-Packard grants you a non-exclusive, non-transferable, royalty-free and revocable license under HP's copyright to use the Software in binary form for the sole purpose of
(i) evaluating and testing the Software,
(ii) academic and commercial research and education, or
(iii) personal and lawful non-commercial end use. No patent license is given by this agreement.

2. REPRODUCTION AND DISTRIBUTION. Licensee can reproduce and distribute the Software for the above stated purpose provided that Licensee:
(A) distributes the Software complete and unmodified;
(B) does not distribute additional software intended to replace any component(s) of the Software;
(C) does not distribute the Software for profit and does not use the Software in any commercial product;
(D) does not remove or alter any proprietary legends or notices contained in the Software;
(E) agrees to indemnify, hold harmless, and defend Hewlett-Packard and its licensors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Software.

3. RESTRICTIONS. The Software is copyrighted. Title to the Software and all associated intellectual property rights is retained by Hewlett-Packard and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, disassemble or otherwise reverse engineer the Software. The Software may not be leased, assigned, or sublicensed, in whole or in part. No right, title or interest in or to any trademark, service mark, logo or trade name of Hewlett-Packard or its licensors is granted under this Agreement.

4. DISCLAIMER OF WARRANTY. The Software is provided "AS IS," without a warranty or of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. In particular, the Software is not qualified for diagnosing or treatment in any way of humans or other living beings, or the testing or processing in any way of materials or goods of value. The PTM software is not a Hewlett-Packard Product. The Software has not undergone complete testing and may contain errors. It may not function properly and is subject to change or withdrawal at any time. The user must assume the entire risk of using the Software. No support or maintenance is provided with the Software by Hewlett-Packard. Do not install the Software if you are not accustomed to using experimental software.

5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL HEWLETT-PACKARD OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE FURNISHING, PERFORMANCE, OR USE OF THE SOFTWARE, OR THE INABILITY TO USE THE SOFTWARE, EVEN IF HEWLETT-PACKARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, SINCE THE SOFTWARE IS PROVIDED WITHOUT CHARGE, YOU AGREE THAT THERE HAS BEEN NO BARGAIN MADE FOR ANY ASSUMPTIONS OF LIABILITY OR DAMAGES BY HEWLETT-PACKARD FOR ANY REASON WHATSOEVER, RELATING TO THE SOFTWARE OR ITS MEDIA, AND YOU HEREBY WAIVE ANY CLAIM IN THIS REGARD.

6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Hewlett-Packard if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of the Software.

7. Export Regulations. The Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

8. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1 (a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT III) (June 1987), as applicable.

9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

10. Severability. If any provision of this Agreement is held to be unenforceable, This Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

11. Integration. This Agreement is the entire agreement between you and Hewlett-Packard relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

For inquiries please contact: Hewlett-Packard Company  

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