You must accept the terms of the following software license
in order to download, install and use the UltraVis software.
Hewlett-Packard Company, Binary Code License Agreement
for UltraVis
This binary code license ("License") contains rights and
restrictions associated with the use of the accompanying UltraVis
software (executables), UltraVis data sets and UltraVis 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 adhere
to all terms and conditions of this License agreement.
1. License to use.
Hewlett-Packard grants you a non-exclusive, non-transferable,
royalty-free and revocable license 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 end use.
You may not modify the Software or disable any licensing features
of the Software.
2. Reproduction and Distribution.
Licensee can reproduce and distribute the Software to Licensee's
employees and students 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 copyright
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 distribution,
use or destruction 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. Upon request,
you will provide HP with
reasonably detailed information regarding any disassembly
or decompilation. 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 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. UltraVis is not a Hewlett-Packard
Product. The Software has not undergone complete testing and
may contain errors and defects. 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. Feedback and Provision to Hewlett-Packard
Licensee may provide feedback to Hewlett-Packard as well
as information regarding defects, comments, suggestions for
features and improvements to the Software, etc. If Licensee
does so, then Licensee automatically grants Hewlett-Packard
an unrestricted, fully-paid of, free, non-exclusive, worldwide
and royalty-free License under any Intellectual Property rights
possessed by Licensee to incorporate such information into
the Software, to distribute and sell such derived Software,
and to authorize or sublicense others to do any of these things.
7. Termination.
This Agreement is effective until terminated. You may terminate
this Agreement at any time by destroying all copies of the
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.
8. Export Regulations.
The Software and technical data delivered under this Agreement
are subject to U.S. 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.
9. 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.
10. 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.
11. 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.
12. 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
|
printable version
