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IT resource center terms of use

Use of Site. Use of the IT Resource Center is governed by these Terms (Terms) and the HP web site terms of use and legal restrictions. Using this Web site (Site) indicates your acceptance of these Terms. Do not use this Site if you do not accept these Terms. Hewlett-Packard Company (HP) authorizes Customer's use of the information and software at this Site for the support of Customer's IT assets, including software, hardware, and IT processes and expertise. All copyright and other proprietary notices contained in the original information and software must be retained. Customer may not modify the information or software at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The information and software at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, authorization to use this Site may be terminated.

Support Agreements. If you use the IT Resource Center as a part of your support plan with HP, such use is also governed by either your executed support contract or, if none, the HP Terms and Conditions of Sale and Service (the E16) and the HP Support Services Terms (the SS5) (Support Agreement). If these Terms conflict with the Support Agreement, these Terms take precedence to the extent of such conflict.

User Submissions. Other than personally identifiable information which is covered under the HP Online Privacy Statement, any material, information or other communication Customer transmits to this Site will be considered non-confidential and non-proprietary (Communications). HP will have no obligations with respect to the Communications. HP and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Customer is prohibited from transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

User Chat Rooms. HP may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. HP, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. HP retains the right to remove messages that include an advertisement for sale, private information on other users and/or HP employees, any material deemed abusive, defamatory, obscene or otherwise unacceptable. Any offenses following a written warning may result in expulsion from the forum.

Disclaimer. HP MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE INFORMATION AND SOFTWARE PROVIDED BY THE IT Resource Center. THE INFORMATION AND SOFTWARE ARE PROVIDED "AS IS". HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF A THIRD PARTY'S INTELLECTUAL PROPERTY. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability. HP WILL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) RELATED TO ANY USE, REPRODUCTION, MODIFICATION, OR DISTRIBUTION OF THE SOFTWARE, INFORMATION, DOCUMENTATION OR LINKS PROVIDED BY THE IT Resource Center, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Customer Responsibilities. Customer is responsible for the security of any agreement numbers and service agreement ids or system handles used. These important HP support agreement identifiers, as well as User Identification codes (User IDs), passwords, and product serial numbers, are important information elements and should be protected. Customer is further responsible for governing the use, sharing and reassignment of service agreement id or system handles among its IT Resource Center users. HP is not liable for any unauthorized use of this information.

Service Interruptions. understands and agrees that temporary interruptions of services provided by the IT Resource Center may occur from time to time as normal events. HP agrees to exercise reasonable care to prevent such occurrences. However, under no circumstances will HP be held liable for any financial or other damages due to such interruptions.

Services Available to Registered Users.

  • Patch Database.
  • IT Forums.
  • Support Information Digests.
  • Certain portions of the Technical Knowledge Database.
  • On a temporary or limited basis, access to designated IT Resource Center services.

Services with Additional Access Requirements.

  • Customized Patch Bundles - run a patch assessment are available to with HP 9000 Series 7nn/8nn software agreements providing phone-in assistance.
  • Passwords for HP-UX/MPE Diagnostics is available to Customers with equipment covered by HP hardware contractual support.
  • Support Case Manager - Enterprise edition is available to Customers with equipment covered by HP hardware or software contractual support or under warranty.* Hardware support cases also can be purchased on aTime and Material basis. *
  • Software License Manager is available to Customers who have purchased a license for HP software.
  • Software Update Manager and Software Update Announcements are available to Customers with software support agreements.
  • Standard Patch Bundles - find patch bundles is available to Customers with HP 9000 Series 7nn/8nn HP-UX software support agreements who receive their software via CD.
  • Technical Knowledge Database (problem-solving features) is available to Customers with an HP support agreement.

    *HP's Product Warranty will be determined by Country of Purchase warranty conditions. If Customer moves a hardware product to another country or region where HP has a support presence, HP's warranty conditions in the destination locale will apply.

Purchase of Services.

  • Certain support and educational services may be purchased online in the IT Resource Center by any registered user with or without an HP support agreement of any type. Terms of service related to the online purchase of these services will be made available as a part of the purchase process. Review the IT Resource Center Terms of Service.

Privacy Statement. The IT Resource Center subscribes to the principles set forth in the HP Online Privacy Statement. Periodically, we may seek your feedback on aspects of the service and your computing needs. At other times, we may invite you to participate in evaluating new services and products. In all cases, we are committed to safeguarding your personal information and respecting your preferences regarding contacts.

Export/Import Compliance Notice

  • By downloading software or technical data, Customer assumes responsibility for complying with applicable export/import laws and regulations and agrees not to export or re-export this software or technical data to persons or entities listed on the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or on any U.S. Treasury Department Designated/Blocked Nationals exclusion list, on the US State Department Debarred Parties List or to parties directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CFR 744)
  • Customer may not export or re-export Software obtained from this Site or any copy or adaptation in violation of any applicable laws or regulations.
  • Customer may not download, export or re-export Software obtained from this Site or any copy or adaptation to or within the following countries: Cuba, Iran, Libya, North Korea, Sudan and Syria.
  • Customer is the direct or indirect recipient of software which may be classified according to the U.S. Commerce Control List (CCL) as eligible for export under license exception "Technology and Software Under Restriction" (TSR) to all destinations except those listed below. Customer agrees not to download, export or re-export the Software, or any copy or adaptation, or any direct product based on the Software without proper U.S. government authorization to destinations not eligible for exports under license exception TSR. According to current U.S. export regulations the following countries are not eligible for exports under license exception TSR. This list is subject to change:
    Albania
    Armenia
    Azerbaijan
    Belarus
    Cambodia
    Cuba
    Georgia
    Iran
    Iraq
    Kazakhstan
    Kyrgyzstan Republic
    Laos
    Libya
    Macao
    Moldova
    Mongolian People's Republic
    North Korea
    People's Republic of China
    Russia
    Sudan
    Syria
    Tajikistan
    Turkmenistan
    Ukraine
    Uzbekistan
    Vietnam

Links To Other Web Sites. Links to third party Web sites on this Site are provided as a convenience to you. If you use these links, you will leave this Site. HP has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, HP does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

General. HP may revise these Terms at any time by updating this posting. Customer should visit this page from time to time to review the then-current Terms because they are binding. Certain IT Resource Center offerings are subject to additional terms which are hereby made a part of these Terms.

ATTENTION NOTICE

ATTENTION: USE OF SOFTWARE OBTAINED FROM OR PROVIDED BY THE IT RESOURCE CENTER IS SUBJECT TO THESE HP SOFTWARE LICENSE TERMS. BY DOWNLOADING AND INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT DOWNLOAD AND INSTALL THE SOFTWARE ON YOUR SYSTEM.

The following License Terms govern your use of Software obtained from the IT Resource Center unless you have a separate written agreement with HP.

License Grant. HP grants you a license to Use one copy of the Software. "Use" means storing, loading, installing, executing or displaying the Software. 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.

Ownership. The Software is owned and copyrighted by HP or its third party suppliers. Your license confers no title to, 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.

Copies and Adaptations. You may 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 authorized copies or adaptations. You may not copy the Software onto any public or distributed bulletin board or network.

Disassembly or Decryption 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 disassembly or decompilation. Upon request, you will provide HP with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt any encrypted features of the software unless decryption is a necessary part of the operation of the Software.

Transfer. Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.

Termination. HP may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination for any reason, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.

Export Requirements. You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.

Restricted Rights Notice to U.S. Government. The Software and any accompanying 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 (Jun 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 contract clause), whichever is applicable. You have only those rights provided for such software and documentation by the applicable FAR or DFARS clause or the HP software agreement for the product involved.

DISCLAIMER. TO THE EXTENT ALLOWED BY LOCAL LAW, SOFTWARE IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND NON-INFRINGEMENT FITNESS FOR A PARTICULAR PURPOSE. Some countries, regions, states, and provinces do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply. You may have other rights that vary by country, region, state, or province.


Last updated: 21 May 2001


 
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