AGREEMENT

               

This Agreement applies to the following items of software and trace packages.  If a package is not listed below, then the unlisted package might be unavailable for distribution or use or it might be available under different terms and conditions.  You must investigate whether you are properly licensed prior to using or further distributing any software or files.

 

a. Sample Software Package        


 

Each item identified above and any derivative works thereof will be referred to below using the term "software."

 

I represent and agree to each of the following:

 

  1. Hewlett-Packard Company ("HP") is agreeing to let me download and use the software listed above without any financial charge to me.  I THEREFORE AGREE TO WAIVE ANY AND ALL DAMAGES AGAINST HP RELATING TO MY DOWNLOAD OR USE OF THE SOFTWARE, OR TO ANY ACT OR OMISSION ON THE PART OF HP, ITS OFFICERS, DIRECTORS, VENDORS, SUPPLIERS, EMPLOYEES OR AGENTS IN CONNECTION WITH THE SOFTWARE.  I agree that the bargain basis for HP's agreement to let me download the software does not reflect any assumption of liability or damages on HP's behalf and if I do not agree to this condition and the other terms and conditions of this Agreement, my sole remedy is to not download the software.

 

  1. I may use the software as I see fit, at my sole risk and discretion.  I acknowledge that the software is not intended for distribution as a product or for any particular application or purpose.  The software is experimental in nature, and it shall be up to me only to determine whether the software is suitable for use for my intended purpose.  These conditions, as well as all of the conditions stated below, are of material inducement for HP to release the software; that is to say, without a damages release and release and disclaimer of other rights and remedies, HP represents that it would not release the software to me.

 

  1. HP shall have no obligation to provide support or maintenance for, or to provide any updates to, the software.  HP shall have no obligation to respond to questions or to provide information regarding the software.

 

  1. HP DISCLAIMS, AND I HEREBY WAIVE, ANY AND ALL WARRANTIES WITH RESPECT TO THE SOFTWARE; WITHOUT LIMITING THE GENERALITY OF THIS WAIVER, HP DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCANTABILITY, AGAINST ANY YEAR OR DATE MALFUNCTION, THAT THE SOFTWARE IS ERROR FREE AND THAT THE SOFTWARE OR ITS USAGE IS FREE FROM INTELLECTUAL PROPERTY RIGHTS OF OTHERS.  IT SHALL BE SOLELY UP TO ME TO VERIFY THAT THE SOFTWARE IS VIRUS FREE AND IS OTHERWISE SAFE FOR USAGE.

 

  1. This Agreement and all matters regarding the software shall be interpreted exclusively by applying the laws of the State of Delaware, USA, without regard to its conflict of laws principles.

 

  1. Any redistribution or further distribution of the software is at my sole discretion and exposure.  If I redistribute the software, I will make any person or entity that receives it subject to the terms and conditions of this Agreement and will inform them of these terms.  All of the conditions indicated above will be binding upon any recipient of software or any successor in interest or assignee of the software or this Agreement. 

 

  1. I agree that if I redistribute or further distribute software, that I will either (a) not place any proprietary legend, confidentiality notice or copyright notice on such software or (b) if I do place any such legend or notice on the software that I will clearly and unambiguously disclaim (in prominent written legend adjacent each reproduction of such legend or notice) any ownership or proprietary interest by me or my company of original works (i.e., the original software) upon which my derivative work is based, and I will in such disclaimer refer people to the original web site from which I obtained the software or any successor site offered for download of the software as I received it.

 

  1. Any violation of this Agreement and these terms will be deemed to cause HP irreparable harm, and I hereby consent to an immediate injunction against any such violation without any claim of offset, unclean hands, laches or other equitable bar that would prevent enforcement of these terms.