Service Activator
evaluation software terms of use

ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP SOFTWARE EVALUATION AGREEMENT BELOW. YOU MUST REVIEW THE AGREEMENT AND EITHER ACCEPT OR NOT ACCEPT THE AGREEMENT. IF YOU DO NOT ACCEPT THE AGREEMENT, YOU MAY NOT USE THE SOFTWARE.

This Software Evaluation Agreement (the "Agreement") is entered into between Hewlett-Packard Company, a Delaware corporation ("HP") and the recipient of the Software ("User"), as of the date of receipt of the software (the "Effective Date").

1. Products. HP shall provide the object code version of software products and related documentation of the enclosed HP OpenView software (collectively the "Products"), for the sole purpose of enabling User to internally test, evaluate, and use the Products and test results.



2. License. HP hereby licenses the Products, royalty-free, to User for the limited purpose described in section 1 above. User may make one backup or archival copy of the software portion of the Products.



3. Restrictions on Use. No intellectual property license, and no other license of any kind is granted except for the limited right to use the Products as provided in section 1 above. User shall not reverse engineer, disassemble, or decompile the software portion of the Products. Except as provided in section 1, User shall not use the Products to produce, market, or support its own products.



4. Delivery. The software shall be provided in object code form by Internet download.



5. Term. The term of this Agreement (the "Term") is 60 days after User's installation of the Products or until purchase of and payment for an appropriate license to use the Software, whichever is earlier. Unless User purchases and pays for an appropriate license to use the Software, upon the expiration of the Term or any earlier termination of this Agreement, User shall promptly remove all copies of the software from its machines and return all tangible materials to HP.



6. Precedence. This Agreement governs the use of the Software and takes precedence over the HP Software License Terms included with this software, until the purchase of and payment for an appropriate license to use for the enclosed software. Upon purchase of and payment for an appropriate License to Use the Software, the HP Software License Terms shall govern the use of this Software.



7. Support. The Products shall be supported during the Term as follows: No support is provided for evaluation versions. Please contact your local HP reseller or HP sales representative regarding installation or technical questions.



8. Disclaimer of Warranties. User accepts the Products "AS IS", with any errors or defects. HP MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.



9. Limitation of Liability. HP shall not be responsible for any loss or damage to User, its customers, or any third parties caused by the Products or by HP's performances of the Agreement. HP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT.



10. Alterations by User. User shall not alter the Products except with the prior written consent of HP. Any alterations made or suggested for the Products by User shall be the exclusive property of HP, together with all intellectual property and other rights therein; User shall execute any documents, and otherwise cooperate with HP at HP's expense, as necessary to enable HP to protect such rights.



11. Assignment. User shall not assign or otherwise transfer any rights or obligations under this Agreement. Any attempted assignment or transfer shall be voidable at HP's option.



12. Termination. In the event that User breaches this Agreement, HP may terminate this Agreement immediately upon written notice to User. Further, either party may terminate this Agreement without cause on five days prior written notice. The rights and responsibilities of the parties pursuant to sections 3, 8, 9, 10 and 11 above shall survive the expiration of the Term or earlier termination of this Agreement.



13. Entire Agreement. This Agreement contains the entire agreement of the parties relating to the subject matter hereof. Any representation, promise, or condition not explicitly set forth in this Agreement shall not be binding on either party. Any amendments to this Agreement shall be in writing and signed by the authorized representatives of each party.