HP StorageWorks Enterprise File Services WAN Accelerator and WAN Accelerator Manager End User License Agreement (February 2006)

ManualsBrandsHP ManualsComputer AccessoriesHP StorageWorks DL380-3010 WAN Accelerator

HEWLETT PACKARD COMPANY LICENSE AGREEMENT

IMPORTANT: READ CAREFULLY BEFORE USING THIS PRODUCT. USE OF THE SOFTWARE IS SUBJECT TO THE HEWLETT-PACKARD

COMPANY (“HP”) SOFTWARE LICENSE TERMS SET FORTH BELOW. USE OF THE SOFTWARE INDICATES CUSTOMER’S ACCEPTANCE

OF THESE LICENSE TERMS. IF CUSTOMER DOES NOT ACCEPT THESE LICENSE TERMS, CUSTOMER MUST NOT INSTALL THE

SOFTWARE.

SOFTWARE PROGRAM: HP StorageWorks Enterprise File Services (EFS) WAN Accelerators, HP StorageWorks EFS WAN Accelerator

Manager, and all HP StorageWorks EFS WAN Accelerator LTU upgrades

PRODUCT/PART NUMBERS: AE351A, AE352A, AE353A, AE354A, AE355A, AE356A, AE357A, AE358A, AE359A, AE360A, AE361A, AE362A,

AE363A, AE364A, AE365A

QUANTITY of DEVICES: Software pre-installed or upgraded on a single EFS WAN Accelerator or EFS WAN Accelerator Manager Appliance.

DEFINITIONS

“Software” means one or more programs capable of operating on a controller, processor or other hardware Product (“Device”) and related

documentation. Software is either a separate Product, included with another Product ("Bundled Software"), or fixed in a Device and not removable in

normal operation (“Firmware”).

“Use” means storing, loading, installing, executing, or displaying Software on a Device.

“Products” means Software and documentation that are determined by HP to be available from HP upon receipt of Customer’s order.

“Software License” means the Software license grant and general license terms set forth herein. Each Software License has a corresponding License

Fee.

“License Fee” means the fee or fees designated by HP for Use of Software. Different License Fees may apply to particular Software if more than one

Software License is available for that Software.

“Delivery” means standard HP shipping to and arrival at the receiving area at the Ship To address specified in Customer’s order.

LICENSE GRANT

1. In return for the License Fee, HP grants Customer a non-exclusive license to Use the object code version of the Software on the quantity of

devices specified above at any one time and in conformance with:

a. The terms set forth herein; and

b. Use restrictions and authorizations for the Software specified by HP in its quotation, invoice or terms that accompany the

Software; and

c. HP's third-party suppliers' terms that accompany the Software.

In the event of a conflict, the third-party suppliers’ terms that accompany the Software will take precedence over the Use restrictions

and authorizations specified by HP and the terms set forth herein ONLY IN CONNECTION WITH THE CORRESPONDING THIRD

PARTY SOFTWARE (SUCH CONFLICTING THIRD PARTY TERMS, IF ANY, SHALL NOT EXPAND HP’S DUTIES OR POTENTIAL

LIABILITY UNDER THIS AGREEMENT); and the Use restrictions and authorizations specified by HP will take precedence over the

terms set forth herein.

2. Unless otherwise specified, in return for the applicable License Fee, HP grants Customer a license to Use one (1) copy of the Software on one

(1) Device at any one time.

3. Unless otherwise specified, all Software Licenses will be perpetual unless terminated or transferred in accordance with the terms of this

agreement

4. If Customer is an HP authorized reseller, Customer may sublicense the Software to an end-user for its Use or (if applicable) sublicense the

Software to an HP authorized reseller for subsequent distribution to an end-user for its Use. These sublicenses must incorporate the terms of this

Software License in a written sublicense agreement, which will be made available by HP upon request. If Customer is not an HP authorized

reseller, Customer may not sublicense the Software unless otherwise agreed to by HP in writing.

5. THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, INCLUDING THE OPEN SOURCE COMMUNITY

("ANCILLARY SOFTWARE"). USE OF THE HP SOFTWARE, THE ANCILLARY SOFTWARE, ACCOMPANYING PRINTED MATERIALS, AND

THE "ONLINE" OR ELECTRONIC DOCUMENTATION ("PRODUCT") IS CONDITIONED UPON AND LIMITED BY THE FOLLOWING TERMS

AND CONDITIONS, INCLUDING THE "AS IS WARRANTY STATEMENT" AND THE TERMS AND CONDITIONS OF THE ANCILLARY

SOFTWARE LICENSE AGREEMENTS ("ANCILLARY SOFTWARE LICENSES"). USE OF ANCILLARY SOFTWARE SHALL BE GOVERNED

BY THE ANCILLARY SOFTWARE LICENSE, EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

PROVISIONS CONTAINED IN THE "AS-IS WARRANTY STATEMENT" OF THIS AGREEMENT SHALL ALSO APPLY TO SUCH ANCILLARY

SOFTWARE. HP HAS IDENTIFIEDANCILLARY SOFTWARE BY EITHER NOTING THE ANCILLARY SOFTWARE PROVIDER'S OWNERSHIP

WITHIN EACH ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY PROVIDING INFORMATION IN THE "ANCILLARY.TXT" FILE. THE

ANCILLARY SOFTWARE LICENSES ARE ALSO SET FORTH IN THE "ANCILLARY.TXT" FILE. BY ACCEPTING THE TERMS AND

CONDITIONS OF THIS AGREEMENT, LICENSEE IS ALSO ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY

SOFTWARE LICENSE IN THE ANCILLARY.TXT FILE.

IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU GENERAL PUBLIC LICENSE ("GPL SOFTWARE"),

LICENSEE MAY OBTAIN A COMPLETE MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE CODE")

BY DOWNLOAD FROM A SITE SPECIFIED IN THE FOLLOWING HP WEBSITE: WWW.HP.COM. UPON LICENSEE'S WRITTEN REQUEST,

HP WILL PROVIDE, FOR A FEE COVERING THE COST OF DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL

SOURCE CODE, BY MAIL, TO LICENSEE. INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST FOR GPL SOURCE CODE MAY

BE FOUND AT THE FOLLOWING WEBSITE: WWW.HP.COM.

February 2006

Product of Puerto Rico.

*393870-002*

Summary of content (2 pages)

PAGE 1
HEWLETT PACKARD COMPANY LICENSE AGREEMENT IMPORTANT: READ CAREFULLY BEFORE USING THIS PRODUCT. USE OF THE SOFTWARE IS SUBJECT TO THE HEWLETT-PACKARD COMPANY (“HP”) SOFTWARE LICENSE TERMS SET FORTH BELOW. USE OF THE SOFTWARE INDICATES CUSTOMER’S ACCEPTANCE OF THESE LICENSE TERMS. IF CUSTOMER DOES NOT ACCEPT THESE LICENSE TERMS, CUSTOMER MUST NOT INSTALL THE SOFTWARE.
PAGE 2
GENERAL LICENSE TERMS COPYRIGHT: SOFTWARE is owned and copyrighted by HP or by third-party suppliers. Customer's Software License confers no title or ownership and is not a sale of any rights in the Software. Third-party suppliers may protect their rights in the Software in the event of any infringement. RESTRICTIONS: Customer may not rent, lease, or otherwise transfer the Software except as expressly authorized in these terms.