HPE End User License Agreement – Enterprise Version

1. Applicability. This end user license agreement (the "Agreement") governs
   the use of accompanying software, unless it is subject to a separate
   agreement between you and Hewlett Packard Enterprise Company and its
   subsidiaries (“HPE”). By downloading, copying, or using the software you
   agree to this Agreement. HPE provides translations of this Agreement in
   certain languages other than English, which may be found at:

2. Terms. This Agreement includes supporting material accompanying the
   software or referenced by HPE, which may be software license
   information, additional license authorizations, software specifications,
   published warranties, supplier terms, open source software licenses and
   similar content ("Supporting Material"). Additional license
   authorizations are at: http://www.hpe.com/software/SWLicensing.

3. Authorization. If you agree to this Agreement on behalf of another
   person or entity, you warrant you have authority to do so.

4. Consumer Rights. If you obtained software as a consumer, nothing in this
   Agreement affects your statutory rights.

5. Electronic Delivery. HPE may elect to deliver software and related
   software product or license information by electronic transmission or

6. License Grant. If you abide by this Agreement, HPE grants you a
   non-exclusive non-transferable license to use one copy of the version or
   release of the accompanying software for your internal purposes only,
   and is subject to any specific software licensing information that is in
   the software product or its Supporting Material.

Your use is subject to the following restrictions, unless specifically
allowed in Supporting Material:

  * You may not use software to provide services to third parties.

  * You may not make copies and distribute, resell or sublicense software
    to third parties.

  * You may not download and use patches, enhancements, bug fixes, or
    similar updates unless you have a license to the underlying software.
    However, such license doesn't automatically give you a right to receive
    such updates and HPE reserves the right to make such updates only
    available to customers with support contracts.

  * You may not copy software or make it available on a public or external
    distributed network.

  * You may not allow access on an intranet unless it is restricted to
    authorized users.

  * You may make one copy of the software for archival purposes or when it
    is an essential step in authorized use.

  * You may not modify, reverse engineer, disassemble, decrypt, decompile
    or make derivative works of software. If you have a mandatory right to
    do so under statute, you must inform HPE in writing about such

7. Remote Monitoring. Some software may require keys or other technical
   protection measures and HPE may monitor your compliance with the
   Agreement, remotely or otherwise. If HPE makes a license management
   program for recording and reporting license usage information, you will
   use such program no later than 180 days from the date it's made

8. Ownership. No transfer of ownership of any intellectual property will
   occur under this Agreement.

9. Copyright Notices. You must reproduce copyright notices on software and
   documentation for authorized copies.

10. Operating Systems. Operating system software may only be used on
    approved hardware and configurations.

11. 90-day Limited Warranty for HPE Software.

  * HPE-branded software materially conforms to its specifications, if any,
    and is free of malware at the time of delivery; if you notify HPE
    within 90 days of delivery of non-conformance to this warranty, HPE
    will replace your copy. This Agreement states all remedies for warranty

  * HPE does not warrant that the operation of software will be
    uninterrupted or error free, or that software will operate in hardware
    and software combinations other than as authorized by HPE in Supporting
    Material. To the extent permitted by law, HPE disclaims all other

12. Intellectual Property Rights Infringement. HPE will defend and/or
    settle any claims against you that allege that HPE-branded software as
    supplied under this Agreement infringes the intellectual property
    rights of a third party. HPE will rely on your prompt notification of
    the claim and cooperation with our defense. HPE may modify the software
    so as to be non-infringing and materially equivalent, or we may procure
    a license. If these options are not available, we will refund to you
    the amount paid for the affected product in the first year or the
    depreciated value thereafter. HPE is not responsible for claims
    resulting from any unauthorized use of the software.

13. Limitation of Liability. HPE's liability to you under this Agreement is
    limited to the amount actually paid by you to HPE for the relevant
    software, except for amounts in Section 12 ("Intellectual Property
    Rights Infringement"). Neither you nor HPE will be liable for lost
    revenues or profits, downtime costs, loss or damage to data or
    indirect, special or consequential costs or damages. This provision
    does not limit either party's liability for: unauthorized use of
    intellectual property, death or bodily injury caused by their
    negligence; acts of fraud; willful repudiation of the Agreement; or any
    liability that may not be excluded or limited by applicable law.

14. Termination. This Agreement is effective until terminated or in the
    case of a limited-term license, upon expiration; however, your rights
    under this Agreement terminate if you fail to comply with it.
    Immediately upon termination or expiration, you will destroy the
    software and documentation and any copies, or return them to HPE. You
    may keep one copy of software and documentation for archival purposes.
    We may ask you to certify in writing you have complied with this
    section. Warranty disclaimers, the limitation of liability, this
    section on termination, and Section 15 ("General") will survive

15. General.

  a. Assignment. You may not assign this Agreement without prior written
     consent of HPE, payment of transfer fees and compliance with HPE's
     software license transfer policies. Authorized assignments will
     terminate your license to the software and you must deliver software
     and documentation and copies thereof to the assignee. The assignee
     will agree in writing to this Agreement. You may only transfer
     firmware if you transfer associated hardware.

  b. U.S. Government. If the software is licensed to you for use in the
     performance of a U.S. Government prime contract or subcontract, you
     agree that, consistent with FAR 12.211 and 12.212, commercial computer
     software, computer software documentation and technical data for
     commercial items are licensed under HPE's standard commercial license.

  c. Global Trade Compliance. You agree to comply with the trade-related
     laws and regulations of the U.S. and other national governments. If
     you export, import or otherwise transfer products provided under this
     Agreement, you will be responsible for obtaining any required export
     or import authorizations. You confirm that you are not located in a
     country that is subject to trade control sanctions (currently Cuba,
     Iran, N. Korea, N. Sudan, and Syria) and further agree that you will
     not retransfer the products to any such country. HPE may suspend its
     performance under this Agreement to the extent required by laws
     applicable to either party.

  d. Audit. HPE may audit you for compliance with the software license
     terms. Upon reasonable notice, HPE may conduct an audit during normal
     business hours (with the auditor's costs being at HPE's expense). If
     an audit reveals underpayments then you will pay to HPE such
     underpayments. If underpayments discovered exceed five (5) percent,
     you will reimburse HPE for the auditor costs.

  e. Open Source Components. To the extent the Supporting Material includes
     open source licenses, such licenses shall control over this Agreement
     with respect to the particular open source component. To the extent
     Supporting Material includes the GNU General Public License or the
     GNU Lesser General Public License: (a) the software includes a copy of
     the source code; or (b) if you downloaded the software from a website,
     a copy of the source code is available on the same website; or (c) if
     you send HPE written notice, HPE will send you a copy of the source
     code for a reasonable fee.

  f. Notices. Written notices under this Agreement may be provided to HPE
     via the method provided in the Supporting Material.

  g. Governing Law. This Agreement will be governed by the laws of the
     state of California, U.S.A., excluding rules as to choice and conflict
     of law. You and HPE agree that the United Nations Convention on
     Contracts for the International Sale of Goods will not apply.

  h. Force Majeure. Neither party will be liable for performance delays nor
     for non-performance due to causes beyond its reasonable control,
     except for payment obligations.

  i. Entire Agreement. This Agreement represents our entire understanding
     with respect to its subject matter and supersedes any previous
     communication or agreements that may exist. Modifications to the
     Agreement will be made only through a written amendment signed by both
     parties. If HPE doesn't exercise its rights under this Agreement, such
     delay is not a waiver of its rights.

16. Australian Consumers. If you acquired the software as a consumer within
    the meaning of the 'Australian Consumer Law' under the Australian
    Competition and Consumer Act 2010 (Cth) then despite any other
    provision of this Agreement, the terms at this URL apply:

17. Russian Consumers. If you are based in the Russian Federation and the
    rights to use the software are provided to you under a separate license
    and/or sublicense agreement concluded between you and a duly authorized
    HPE partner, then this Agreement shall not be applicable.

HPE End User License Agreement – Enterprise Version

5012-3777 v1.5, 2016 
© Copyright 2015 Hewlett Packard Enterprise Development LP


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