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

the source code, even though third parties are not compelled to copy the source along with the object

code.

4. You may not copy, modify, sublicense, or distribute the Software except as expressly provided under

this License. Any attempt otherwise to copy, modify, sublicense or distribute the Software is void, and

will automatically terminate your rights under this License. However, parties who have received copies,

or rights, from you under this License will not have their licenses terminated so long as such parties

remain in full compliance.

5. This license grants you world wide, royalty free non-exclusive rights to modify or distribute the

Software or its derivative works. These actions are prohibited by law if you do not accept this License.

Therefore, by modifying or distributing the Software (or any work based on the Software), you indicate

your acceptance of this License to do so, and all its terms and conditions for copying, distributing or

modifying the Software or works based on it.

6. Each time you redistribute the Software (or any work based on the Software), the recipient

automatically receives a license from the original licensor to copy, distribute or modify the Software

subject to these terms and conditions. You may not impose any further restrictions on the recipients

exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to

this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason

(not limited to patent issues), conditions are imposed on you (whether by court order, agreement or

otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of

this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License

and any other pertinent obligations, then as a consequence you may not distribute the Software at all.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the

balance of the section is intended to apply and the section as a whole is intended to apply in other

circumstances.

NO WARRANTY

11. THE SOFTWARE IS PROVIDEDWITHOUT A WARRANTY OF ANY KIND. THERE IS NO

WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT

WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES

PROVIDE THE SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED

OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE

QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE

PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR

CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL

ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE

THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY

GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE

OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR

DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR

A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARES), EVEN IF SUCH

HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

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