HP Advanced Services zl Module with VMware® vSphere™ Platform End User License Agreement

Documentation; (ii) no modification, deletion or addition has been made to the Software by persons
other than VMware or its authorized representative; and (iii) VMware receives written notice of the
non-conformity within the Warranty Period. EXCEPT FOR THE PRECEDING EXPRESS
LIMITED WARRANTY, TO THE MAXIMUM EXTENT MANDATED BY LAW, VMWARE
AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF
ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS
EULA OR COMMUNICATION WITH YOU, AND VMWARE AND ITS LICENSORS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT MANDATED BY LAW, IN
NO EVENT WILL VMWARE AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS
OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF
DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT,
TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY
NOT APPLY TO YOU. VMWARE’S AND ITS LICENSORS’ LIABILITY UNDER THIS
EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES YOU PAID FOR THE
SOFTWARE, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF
WHETHER VMWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
7. GENERAL
7.1 Entire Agreement. This EULA represents the entire agreement between the parties with respect to
the Software, and supersedes any prior or contemporaneous oral or written agreements concerning
the subject matter contained herein.
7.2 Headings. Headings under this EULA are intended only for convenience and shall not affect the
interpretation of this EULA.
7.3 Waiver and Modification. No failure of either party to exercise or enforce any of its rights under
this EULA will act as a waiver of those rights. This EULA may only be modified, or any rights
under it waived, by a written agreement executed by the party against which it is asserted.
7.4 Severability. If any provision of this EULA is found illegal or unenforceable, it will be enforced to
the maximum extent permissible, and the legality and enforceability of the other provisions of this
EULA will not be affected.
7.5 Export Controls. The Software is of United States origin and is provided subject to the U.S.
Export Administration Regulations. Diversion contrary to U.S. law is prohibited. Without limiting
the foregoing, you agree that (1) you are not, and are not acting on behalf of, any person who is a
citizen, national, or resident of, or who is controlled by the government of, Cuba, Iran, North Korea,
Sudan, or Syria, or any other country to which the United States has prohibited export transactions;
(2) you are not, and are not acting on behalf of, any person or entity listed on the U.S. Treasury
Department list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce
Department Denied Persons List or Entity List; and (3) you will not use the Software for, and will
not permit the Software to be used for, any purposes prohibited by law, including, without