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Network Node Manager & CiscoWorks2000 Integration Software License & Warranty Disclaimer LEGAL NOTICE — READ THIS BEFORE DOWNLOADING OR OTHERWISE USING SOFTWARE ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE SOFTWARE LICENSE TERMS AND WARRANTY STATEMENT AND DISCLAIMER SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT DOWNLOAD OR OTHERWISE USE THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, ANY USE OF THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. HEWLETT-PACKARD HP OpenView Network Node Manager & CiscoWorks2000 Integration
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Software license terms
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The following license terms ('License Terms') govern your use of the software of Hewlett-Packard Company ('HP') or its third party suppliers and any updates thereto available for downloading from any HP World Wide Web site ('Software') unless you have a separate valid agreement with HP for the Software.
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License grant
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HP grants you a license to Use the Software as set forth herein. 'Use' means storing, loading, installing, executing or displaying the Software: (i) in object code form, and (ii) in conjunction with HP OpenView Network Node Manager. You may not modify the Software or disable any licensing or control features of the Software. If the Software is licensed for 'concurrent use,' you may not allow more than the maximum number of authorized users to Use the Software concurrently.
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Ownership
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The Software is owned and copyrighted by HP or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. HP's third party suppliers may protect their rights in the event of any violation of these License Terms.
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Copies & adaptations
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You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any public network, bulletin board or similar system.
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No disassembly or decryption
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You may not disassemble or decompile the Software unless HP's prior written consent is obtained. In some jurisdictions, HP's consent may not be required for limited disassembly or decompilation. Upon request, you will provide HP with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.
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Transfer
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You may not rent or lease the Software, but you may transfer the Software only to other end users that are not resellers. Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies thereof and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.
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Termination
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HP may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.
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Export requirements
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You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations. Without limiting the generality of the foregoing, you may not download or otherwise export or re-export theSoftware (I) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
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U.S. government restricted rights
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The Software and documentation have been developed entirely at private expense. They are delivered and licensed as 'commercial computer software' as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (June 1995), 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 contact clause), whichever is applicable. You have only those rights provided for in such Software and documentation by the applicable FAR or DFARS clause or the License Terms.
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Governing law
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These License Terms will be governed by the laws of the State of California, excluding both that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.
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Warranty disclaimer
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HP OpenView Software Download HEWLETT-PACKARD SOFTWARE PRODUCTS WARRANTY DISCLAIMER [U.S. and Canada]
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Disclaimer
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THE SOFTWARE OF HEWLETT-PACKARD COMPANY ('HP') OR ITS THIRD PARTY SUPPLIERS, ALL ACCOMPANYING DOCUMENTATION, AND ANY UPDATES THERETO LICENSED TO YOU AND DOWNLOADED FROM ANY HP WORLD WIDE WEB SITE ('SOFTWARE') ARE PROVIDED 'AS IS' WITH ALL DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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Limitation of liability
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IN NO EVENT SHALL HP OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), OR OTHER DAMAGES, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT HP OR ITS SUPPLIERS) ASSUME THE ENTIRE COST OF ALL SERVICE , REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. You hereby acknowledge and agree that this Warranty Disclaimer supersedes any previous communications, representations or agreements between you and HP, whether oral or written, regarding the Software.
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