3.5.1/3.6.1 HP PolyServe Matrix Server Third-Party Licenses (T5392-96021, January 2009)

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SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable. This License shall be governed by California law
provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law
provisions. The application of the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall
be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this
License and You agree to work with Initial Developer and Contributors to distribute such responsibility
on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of
liability.
13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions
of the Covered Code under Your choice of this License or the alternative licenses, if any, specified by
the Initial Developer in the file described in Exhibit A.
14. ACCEPTANCE. This License is accepted by You if You retain, use, or distribute the Covered Code
for any purpose.
EXHIBIT A —The SNIA Public License.
The contents of this file are subject to the SNIA Public License Version 1.0 (the "License"); you may not
use this file except in compliance with the License. You may obtain a copy of the License at
www.snia.org/smi/developers/cim/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF
ANY KIND, either express or implied. See the License for the specific language governing rights and
limitations under the License.
The Original Code is .
The Initial Developer of the Original Code is [COMPLETE THIS] .
Contributor(s): ______________________________________.