HP LaserJet Pro 300 color Printer M351 series - End User License Agreement

background image

End User License Agreement

PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT: This End-User License

Agreement (“EULA”) is a contract between (a) you (either an individual or the entity you represent) and

(b) Hewlett-Packard Company (“HP”) that governs your use of the software product (“Software”). This

EULA does not apply if there is a separate license agreement between you and HP or its suppliers for

the Software, including a license agreement in online documentation. The term “Software” may include

(i) associated media, (ii) a user guide and other printed materials, and (iii) “online” or electronic

documentation (collectively “User Documentation”).

RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL

TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR

OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT

ACCEPT THIS EULA, DO NOT INSTALL, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE. IF

YOU PURCHASED THE SOFTWARE BUT DO NOT AGREE TO THIS EULA, PLEASE RETURN THE

SOFTWARE TO YOUR PLACE OF PURCHASE WITHIN FOURTEEN DAYS FOR A REFUND OF THE

PURCHASE PRICE; IF THE SOFTWARE IS INSTALLED ON OR MADE AVAILABLE WITH ANOTHER

HP PRODUCT, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT.

1.

THIRD PARTY SOFTWARE. The Software may include, in addition to HP proprietary software (“HP

Software”), software under licenses from third parties (“Third Party Software” and “Third Party

License”). Any Third Party Software is licensed to you subject to the terms and conditions of the

corresponding Third Party License. Generally, the Third Party License is in a file such as

“license.txt” or a “readme” file. You should contact HP support if you cannot find a Third Party

License. If the Third Party Licenses include licenses that provide for the availability of source code

(such as the GNU General Public License) and the corresponding source code is not included with

the Software, then check the product support pages of HP's website (hp.com) to learn how to

obtain such source code.

2.

LICENSE RIGHTS. You will have the following rights provided you comply with all terms and

conditions of this EULA:

a. Use. HP grants you a license to Use one copy of the HP Software. “Use” means installing,

copying, storing, loading, executing, displaying, or otherwise using the HP Software. You

may not modify the HP Software or disable any licensing or control feature of the

HP Software. If this Software is provided by HP for Use with an imaging or printing product

(for example, if the Software is a printer driver, firmware, or add-on), the HP Software may

only be used with such product (“HP Product”). Additional restrictions on Use may appear in

the User Documentation. You may not separate component parts of the HP Software for Use.

You do not have the right to distribute the HP Software.

b. Copying. Your right to copy means you may make archival or back-up copies of the

HP Software, provided each copy contains all the original HP Software’s proprietary notices

and is used only for back-up purposes.

3.

UPGRADES. To Use HP Software provided by HP as an upgrade, update, or supplement

(collectively “Upgrade”), you must first be licensed for the original HP Software identified by HP as

eligible for the Upgrade. To the extent the Upgrade supersedes the original HP Software, you may

no longer use such HP Software. This EULA applies to each Upgrade unless HP provides other

terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other

terms will prevail.

188

Appendix B Service and support

ENWW

background image

4.

TRANSFER.

a. Third Party Transfer. The initial end user of the HP Software may make a one-time transfer of

the HP Software to another end user. Any transfer will include all component parts, media,

User Documentation, this EULA, and if applicable, the Certificate of Authenticity. The transfer

may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user

receiving the transferred Software will agree to this EULA. Upon transfer of the HP Software,

your license is automatically terminated.

b. Restrictions. You may not rent, lease or lend the HP Software or Use the HP Software for

commercial timesharing or bureau use. You may not sublicense, assign or otherwise transfer

the HP Software except as expressly provided in this EULA.

5.

PROPRIETARY RIGHTS. All intellectual property rights in the Software and User Documentation are

owned by HP or its suppliers and are protected by law, including applicable copyright, trade

secret, patent, and trademark laws. You will not remove any product identification, copyright

notice, or proprietary restriction from the Software.

6.

LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or

disassemble the HP Software, except and only to the extent that the right to do so is allowed under

applicable law.

7.

CONSENT TO USE OF DATA. HP and its affiliates may collect and use technical information you

provide in relation to (i) your Use of the Software or the HP Product, or (ii) the provision of support

services related to the Software or the HP Product. All such information will be subject to HP’s

privacy policy. HP will not use such information in a form that personally identifies you except to

the extent necessary to enhance your Use or provide support services.

8.

LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability

of HP and its suppliers under this EULA and your exclusive remedy under this EULA will be limited

to the greater of the amount actually paid by you for the Product or U.S. $5.00. TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HP OR ITS SUPPLIERS

BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES

(INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION,

PERSONAL INJURY, OR LOSS OF PRIVACY) RELATED IN ANY WAY TO THE USE OF OR

INABILITY TO USE THE SOFTWARE, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL

PURPOSE. Some states or other jurisdictions do not allow the exclusion or limitation of incidental

or consequential damages, so the above limitation or exclusion may not apply to you.

9.

U.S. GOVERNMENT CUSTOMERS. Software was developed entirely at private expense. All

Software is commercial computer software within the meaning of the applicable acquisition

regulations. Accordingly, pursuant to US FAR 48 CFR 12.212 and DFAR 48 CFR 227.7202, use,

duplication and disclosure of the Software by or for the U.S. Government or a U.S. Government

subcontractor is subject solely to the terms and conditions set forth in this End User License

Agreement, except for provisions which are contrary to applicable mandatory federal laws.

10.

COMPLIANCE WITH EXPORT LAWS. You will comply with all laws, rules, and regulations (i)

applicable to the export or import of the Software, or (ii) restricting the Use of the Software,

including any restrictions on nuclear, chemical, or biological weapons proliferation.

11.

RESERVATION OF RIGHTS. HP and its suppliers reserve all rights not expressly granted to you in

this EULA.

ENWW

End User License Agreement

189

background image

© 2009 Hewlett-Packard Development Company, L.P.

Rev. 04/09

190

Appendix B Service and support

ENWW