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

terms set forth herein.
2. LICENSE GRANT
a) Provided that Customer has a valid software license to use HP Tru64
UNIX Version 5.1B-5 (as described below), HP grants Customer a world-wide,
non-exclusive license to Use the object code version of the Software so
long as it is used solely in conformance with:
1) the terms set forth herein; and
2) 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 terms set forth
herein. The terms applicable to this transaction in total are referred t
o as the "Agreement". A valid software license to use HP Tru64 UNIX
Version 5.1B-5 can be purchased separately or through the ownership of
a valid software update license which can be purchased separately or
via an update support agreement which includes license to use, license
subscription, or rights to use new versions of software.
b) All Software Licenses will be perpetual unless terminated or transferred
in accordance with Section 3. g).
c) 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 to 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.
e) HP, or its designee(s), shall, during regular business hours at
Customer's offices and in such a manner that does not interfere with
Customer's normal business activities, have the right to inspect and
audit, or have a third party perform an inspection and audit, the number
of copies of Software Used or distributed by Customer, the computers on
which the Software, if any, is installed and the number of users Using
any such Software. If any audit discloses underpayments of five
percent (5%) or more of the amount of license fees Customer should
have actually paid to HP for the valid software license to use HP
Tru64 UNIX Version 5.1B-5 entitling Customer to Use the Software,
Customer shall bear all of the costs of the audit. HP's audit rights
shall not terminate or expire until three (3) years after termination
or expiration of this Agreement.
3. GENERAL LICENSE TERMS
a) 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 are intended
beneficiaries under this Agreement and may protect their rights in the
Software directly against Customer in the event of any infringement.
b) Unless otherwise permitted in writing by HP, Customer may only make
copies or adaptations of the Software for archival purposes or when
260 Component Licensing