HP ProLiant Storage Server iSCSI Feature Pack End User License Agreement v1.53 (May 2005)

TRANSFERABILITY: Customer's Software License is transferable subject to HP's prior written authorization and payment to HP of any applicable
fee(s). Upon transfer of the Software License, Customer will immediately deliver all copies of the Software to the transferee. Customer may transfer
Firmware only upon transfer of the associated Device. The transferee must agree in writing to the terms of Customer's Software License. All Software
License terms will be binding on involuntary transferees, notice of which is hereby given. Customer's Software License will automatically terminate
upon transfer.
TERMINATION: HP may terminate Customer's or any transferee or sublicensee's Software License upon notice for failure to comply with any
applicable Software License terms. Immediately upon termination, the Software and all copies of the Software will be destroyed or returned to HP.
Copies of the Software that are merged into adaptations, except for individual pieces of data in Customer's or transferee's or sublicensee's database,
will be removed and destroyed or returned to HP. With HP's written consent, one copy of the Software may be retained subsequent to termination for
archival purposes.
UPGRADES: Updates, upgrades or other enhancements are available under HP Support agreements. HP reserves the right to require additional
licenses and fees for Use of the Software on upgraded Devices.
MODIFICATION/DECOMPILING: Customer will not modify, disassemble, reverse engineer, decompile or create derivative works of the Software
without HP's prior written consent. Where Customer has other rights under statute, Customer will provide HP with reasonably detailed information
regarding any intended disassembly or decompilation. Customer will not decrypt the Software unless necessary for legitimate use of the Software.
LIMITATION OF LIABILITY
Attention Notice
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, INABILITY TO USE, OR THE
RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER
OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE IS NOT SPECIFICALLY DESIGNED,
MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, OR DIRECT OPERATION OF A NUCLEAR
FACILITY, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT
MACHINES, OR WEAPONS SYSTEMS. CUSTOMER IS SOLELY LIABLE IF THE SOFTWARE IS USED FOR THESE APPLICATIONS. CUSTOMER
WILL INDEMNIFY AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR LIABILITY IN CONNECTION WITH SUCH USE. In any
case, HP’s entire liability under any provision of this Software License and Express Limited Warranty shall be limited to the greater of the amount
actually paid by Customer for the Software or U.S. $ 5.00. Customer’s use of the Software is entirely at Customer’s own risk. Should the Software
prove defective, Customer assumes the entire cost of all service, repair or correction.. Some jurisdictions do not allow the exclusion or limitation of
liability for incidental or consequential damages, so the above limitation may not apply to Customer to the extent prohibited by such local laws.
WARRANTY: HP warrants only that the Software media will be free of physical defects for a period of ninety (90) days from delivery.
EXCLUSIVE REMEDY: The entire liability of HP and its suppliers and Customer’s exclusive remedy for Software that does not conform to this Limited Warranty
shall be the repair or replacement of the defective media. This warranty and remedy are subject to Customer’s return of the defective media during the warranty
period to HP in the country in which Customer obtained the Software.
Attention Notice
DISCLAIMER: TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS PROVIDED TO CUSTOMER “AS IS” WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, ACCURACY OF
INFORMATIONAL CONTENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE
OF THE SOFTWARE IS ASSUMED BY CUSTOMER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HP OR HP’S
AUTHORIZED REPRESENTATIVES 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 Customers to the extent prohibited by such local laws.
Customer may have other rights that vary from country to country, state to state, or province to province.
NOTE:
EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND
ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE SOFTWARE TO CUSTOMER;
PROVIDED
, HOWEVER, THAT THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY
DISCLAIMED AND SHALL NOT GOVERN OR APPLY TO THE SOFTWARE PROVIDED IN CONNECTION WITH THIS WARRANTY STATEMENT.
GOVERNMENT: If the Software is licensed for use in the performance of a U.S. government prime contract or subcontract, Customer agrees that,
consistent with FAR 12.211 and 12.212, commercial computer software, computer software documentation and technical data for commercial items
are licensed under vendor’s standard commercial license.
GENERAL TERMS
ASSIGNABILITY: Customer may not assign any rights or obligations hereunder without prior written consent from HP.
EXPORT: Customer who exports, re-exports or imports HP licensed Products, technology or technical data purchased hereunder, assumes
responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. HP may suspend
performance if Customer is in violation of any applicable laws or regulations.
SEVERABILITY: If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms
or provisions herein will remain in full force and effect.
INTEGRATION/PRECEDENCE: These HP Software License Terms supersede any previous communications, representations or agreements
between the parties, whether oral or written, regarding transactions hereunder. Customer's additional or different terms and conditions will not apply.
These HP Software License Terms may not be changed except by an amendment signed by an authorized representative of each party.
GOVERNING LAW. The validity of any of the terms of this license agreement, as well as the rights, duties and obligations of the parties under this
license agreement, will be governed by the laws of the State of California, USA, without reference to any conflict of laws or choice of law principles in
the State of California that might result in the application of the law of another jurisdiction.