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

unenforceable, the validity or enforceability of the remainder
of the terms or provisions herein will remain in full force and
effect. Provisions herein which by their nature extend beyond
the termination of any license of Software will remain in effect
until fulfilled.
e) 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.
f) The waiver or failure of either party to exercise in any respect
any right provided for in the Agreement shall not be deemed a
waiver of any further right under this Agreement.
LIMITED WARRANTY STATEMENT
HP SOFTWARE PRODUCT DURATION OF LIMITED WARRANTY
90 Days {MATCH TO HP WARRANTY CODE}
Scope. The limited warranty is limited to the HP owned software
portion of the HP software product ("Software"). The warranty
for any other software portion of the HP software product
("Ancillary Software"), if any, shall be governed by the warranty
terms provided with the Ancillary Software and to the extent
allowed by local law HP is providing the Ancillary Software
"AS-IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER O
RAL OR WRITTEN, EXPRESS OR IMPLIED, AND 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
WITH RESPECT TO THE ANCILLARY SOFTWARE; THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE ANCILLARY SOFTWARE IS ASSUMED
BY YOU.
Software Limited Warranty. HP warrants to you that the Software
will not fail to execute its programming instructions after the
date of purchase, for the period specified above, due to defects
in material and workmanship when properly installed and used.
If HP receives notice of such defects during the warranty period,
HP will replace Software that does not execute its programming
instructions due to such defects.
HP does not warrant that the operation of Software will be
uninterrupted or error free.
If HP is unable, within a reasonable time, to repair or replace
any product to a condition as warranted, you will be entitled
to a refund of the purchase price upon prompt return of the product.
Exclusions. This limited warranty does not apply to defects
resulting from (a) improper or inadequate maintenance, (b)
unauthorized modification or misuse, or (c) operation outside
of the published environmental specifications for the product
C.1 HP Tru64 UNIX Version 5.1B-5 Consolidated Patch Kit 263