HP Tru64 UNIX and TruCluster Server Version 5.1B-5 Patch Summary and Release Notes (March 2009)

government prime contract or subcontract, Customer agrees that
Software has been developed entirely at private expense. Customer
agrees that Software, and any derivatives or modifications, is
adequately marked when the Restricted Rights Legend below is affixed
to the Software or to its storage media and is perceptible directly
or with the aid of a machine or device. Customer agrees to
conspicuously put the following legend on the Software media with
Customer's name and address added below the notice:
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure is subject to HP standard commercial
license terms and for non-DOD Departments and Agencies of the U.S.
Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)
(Jun 1987).
Hewlett-Packard Company
3000 Hanover Street
Palo Alto, CA 94304 U.S.A.
Copyright (c) 2005 Hewlett-Packard Company. All Rights Reserved
2) Customer further agrees that Software is delivered and
licensed as "Commercial computer software" as defined in
DFARS 252.227-7014(Jun 1995) or as a "commercial item" as
defined in FAR 2.101(a), or as "Restricted computer software"
as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency
regulation or contract clause), whichever is applicable. The
Customer agrees that it has only those rights provided for such
Software by the applicable FAR or DFARS clause or the HP standard
software agreement for the product involved.
4. GENERAL
a) Customer may not assign or transfer this Agreement or any
rights or obligations hereunder without prior written consent
of HP. Any such attempted assignment or transfer will be null
and void. HP may terminate this Agreement in the event of any
such attempted assignment or transfer.
b) Customer agrees and certifies that the Software, HP licensed
Products, technology or technical data obtained hereunder, will
not be exported, re-exported or imported except as authorized
and permitted by the laws and regulations for obtaining required
export and import authorizations. HP may terminate this Agreement
if Customer is in violation of any applicable laws or regulations.
Customer agrees to indemnify and hold HP and its suppliers
harmless from any claims arising from any breach of this Section
by Customer or any of its directors, officers, employees,
subdistributors, customers or any third party to whom Customer
provides access to the Software.
c) Disputes arising in connection with this Agreement will be
governed by the laws of the country and locality in which HP
accepts the order. For orders accepted in the United States,
disputes will be governed by the laws of the state of California.
d) If any term or provision herein is determined to be illegal or
262 Component Licensing