HP Firmware Maintenance CD v7.50
scott.lamons at hp.com
Thu Jun 8 16:44:00 CEST 2006
In follow-up to my previous message I'm forwarding a response from Mark Woolfolk who is the attorney representing the ProLiant business at HP.
Thanks again for bringing this to our attention and let me know if you have any other questions or concerns.
HP Open Source & Linux Organization
Email: mailto:scott.lamons at hp.com
We have completed our investigation and found that there is an inconsistency between the license agreement that's posted on the hp.com website and the actual license agreement and notices on the product CD.
We believe the license agreement and required notices that appears within the product CD, and when the CD is booted, is correct and fulfills our legal obligations. In particular the notices are provided in the first paragraph (Ancillary Software Licenses hyperlink) and the GPL source code offer is contained in the 6th paragraph of the license text attached below.
The license agreement on the website is a generic license that applies to all of the ProLiant downloadable software; and, as a result, does not have all the specific notices of third party and open source software content. We will be making some changes to the website to either clarify the wording of this generic license agreement or point more specifically to the governing license agreement included in the product CD software.
Thanks for bringing this to our attention.
Mark T. Woolfolk
20555 S.H. 249, MS 11744
Houston, TX 77070
(281) 518-4403 Telephone
(281) 518-2252 Facsimile
Mark.Woolfolk at hp.com
License Agreement on CD...
PROLIANT ESSENTIALS SOFTWARE
END USER LICENSE AGREEMENT
Please read this End User License Agreement ("Agreement") carefully. This Agreement is a legal agreement between you (either an individual or single entity, such as one company) ("You") and Hewlett-Packard Company ("HP"). By clicking the "Agree" button below, copying, installing, or otherwise using the software distributed under this Agreement ("Software"), (i) You do so with the intent to electronically 'execute' this Agreement, and (ii) You agree to be bound by and comply with the following terms and conditions, including the warranty statement, as well as any terms and conditions contained in the Ancillary Software Licenses .
If You do not agree to the terms and conditions of this Agreement (a) and this Agreement is displayed electronically, You may indicate rejection of this Agreement by clicking the "Disagree" button, (b) You shall not install the Software, and (c) HP does not grant You any rights to use the Software. Notwithstanding the foregoing, installing or otherwise using the Software indicates Your acceptance of the terms and conditions of this Agreement. If You purchased the Software, You may return the Software to the place of purchase for a full refund.
The Software is provided by HP ("HP Software") and by third parties, including the open source community ("Ancillary Software"). Your use of a single copy of the HP Software, the Ancillary Software, accompanying printed materials, and the online or electronic documentation (collectively the "Product") is conditioned upon and limited by the following terms and conditions, including the "As-Is Warranty Statement" and the terms and conditions of the Ancillary Software License Agreements ("Ancillary Software Licenses").
>From time to time, You may choose to run third party software ("Third Party Software") , such as operating system software and business application software, on HP hardware. HP respects the lawful copyright rights of others, including those of the Ancillary Software providers and of the Third Party Software providers. HP expects You to respect such copyright rights and to comply with the terms and conditions of the Ancillary Software Licenses and of the Third Party Software licenses to the same extent as You are required to respect the rights of HP for HP Software and comply with the terms and conditions of this Agreement.
Use of Ancillary Software shall be governed by the Ancillary Software License, except that the disclaimer of warranties and limitation of liabilities provisions contained in the "As-Is Warranty Statement" of this Agreement shall also apply to such Ancillary Software. HP Has identified Ancillary Software by either noting the Ancillary Software provider's ownership within each Ancillary Software program file and/or by providing licensing information in the Ancillary Software Licenses provided below. By accepting the terms and conditions of this Agreement, You are also accepting the terms and conditions of each Ancillary Software License.
If and only if the product includes software licensed under the GNU General Public License ("GPL Software"), then upon Your written request, HP will provide You by mail, for a fee covering the cost of distribution, a complete machine readable copy of the GPL source code. A form to initiate a written request for GPL source code and information may be found at the following website: http://h18004.www1.hp.com/products/servers/proliantessentials/peinforeq.html
SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY RIGHTS, LIMITATIONS AND OBLIGATIONS SET FORTH IN THE ANCILLARY SOFTWARE LICENSES:
"Authorized Copies" means the number of copies that You have paid for as stated in the invoice or comparable document evidencing an authorized quantity.
"Physical Computer" means a single, physical computer.
"Host/Client Set" means a set of Physical Computers consisting of at least one host Physical Computer (a "Server") and at least one client Physical Computer (a "Client") connected via a common computer network, where more than one Client may share the same Server.
"Virtualization Software" means software that (i) allows more than one copy of an operating system software to run simultaneously on the same Physical Computer, (ii) ensures that all copies of the operating system software remain logically independent and isolated from each other, even though they are actually sharing common Physical Computer hardware resources such as processors and memory, and (iii) may enable more than one Virtual Machine to run simultaneously up to a maximum number of Virtual Machines.
"Virtual Machine" means an abstraction of a single computing system made possible by use of Virtualization Software that is running on a host Physical Computer where one copy of operating system software may run as well as other general-purpose software programs.
"Physical to Virtual Conversion" - means the act of making one copy of the operating system, software applications, and data files, which are installed on a single Physical Computer and then using Virtualization Software to create a single, new Virtual Machine on the same or a different single Physical Computer to run the operating system, software applications, and data files.
"Virtual to Physical Conversion" - means the act of making one copy of the operating system, software applications, and data files, which are installed on a single Virtual Machine and then installing the operating system, software applications, and data files onto a single Physical Computer, thereby replacing any existing operating system, software applications, and data files previously installed on that Physical Computer.
"Virtual to Virtual Conversion" - means the act of making one copy of the operating system, software applications, and data files, which are installed on a single Virtual Machine that is running within one Virtualization Software technology and then installing the copied operating system, software applications, and data files onto a single, newly created Virtual Machine running within a different Virtualization Software technology.
"Network Port" - means each physical or wireless connection to a local area network communications infrastructure on a single Physical Computer.
2. LICENSE GRANT
a. IF SOFTWARE DOES NOT REQUIRE AN ACTIVATION KEY. If the Product does not require an Activation Key and provided that You comply with all the terms and conditions of this Agreement, HP grants You a non-exclusive, non-transferable (except as provided in Section 17), perpetual, worldwide (except for the countries referenced in the statutes listed in Section 13) license under HP's copyrights related to the Software to install, copy, use, execute, make archival or backup copies of, and display ("Use") the object code version of the Software on a Physical Computer, Host/Client Set, or Virtual Machine and in the operating environment as identified by HP in the accompanying materials.
b. IF SOFTWARE REQUIRES AN ACTIVATION KEY. If the Software requires an Activation Key, and provided that You comply with all terms and conditions of this Agreement, then depending upon the specific hardware configuration You employ, HP grants You the following license and rights:
License Right for Physical Computers, Host/Client Sets, and Virtual Machines. HP grants You a non-exclusive, non-transferable (except as provided in Section 17), perpetual, worldwide (except for the countries referenced in the statutes listed in Section 13) license under HP's copyrights related to Virtualization Software to install, make Authorized Copies of, execute, and display ("Use") the object code version of an Authorized Copy of the Software on as many Physical Computers, Host/Client Sets, or Virtual Machines as You have Authorized Copies of the Software and as supported (see Section 8 of this Agreement on Support), provided that You obtain all licenses for any Third Party Software You use on or with Virtual Machines, Physical Computers or Hosts/Client Sets. It is Your responsibility to ensure that You have the proper licenses entitling You to Use all Third Party Software on Virtual Machines. Please see Example One below. A single Authorized Copy of the Software shall not be used simultaneously on more than one Physical Computer, or Host/Client Set, or Virtual Machine.
Example One. If You intend to use the Software on a single host Physical Computer and two Virtual Machines that are also running on the same host Physical Computer, then You must have three (3) Authorized Copies of the Software.
License Right for Physical to Virtual, Virtual to Virtual, and Virtual to Physical Conversions. HP grants You a non-exclusive, non-transferable (except as provided in Section 17), perpetual, worldwide (except for the countries referenced in the statutes listed in Section 13) license under HP's copyrights related to Virtualization Software to perform one Physical to Virtual Conversion, or one Virtual to Virtual Conversion, or one Virtual to Physical Conversion per Authorized Copy of the Software on any Physical Computer, Host/Client Set, or Virtual Machine. It is Your responsibility to ensure that You have the proper licenses entitling You to convert all Third Party Software between Physical Computers and Virtual Machines. Please see Example Two below. No Physical to Virtual Conversions, Virtual to Virtual Conversions, or Virtual to Physical Conversions (when referring to more than one type of conversion, they shall hereinafter be cumulatively referred to as "Conversions") may be performed until You have obtained all the license rights to perform the Conversion from the provider of the software, including from Third Party Software providers. Upon completion of a Conversion of any type, the Authorized Copy of the Product used for that Conversion is consumed, and there is no longer a right to perform future Conversions with that Authorized Copy.
Example Two. If You intend to Use the Software to perform two (2) Physical to Virtual Conversions, one (1) Virtual to Virtual Conversion, and one (1) Virtual to Physical Conversion, then you must have four (4) Authorized Copies of the Software, and You must ensure that You are entitled by Your Third Party Software provider to do the Conversions of that Third Party Software.
License Right for Network Ports. HP grants You a non-exclusive, non-transferable (except as provided in Section 17), perpetual, worldwide (except for the countries referenced in the statutes listed in Section 13) license under HP's copyrights related to Virtualization Software to Use the object code version of a single Authorized Copy of the Software on a single Physical Computer through one of its Network Ports, as supported (see Section 8 of this Agreement on Support). A single Authorized Copy of the Software may not be used simultaneously on more than one Physical Computer or on more than one Network Port on a single Physical Computer. Please see Example Three below.
Example Three. If You intend to use the Software on one Physical Computer having four (4) Network Ports and on another Physical Computer having eight (8) Network Ports, You must have twelve (12) Authorized Copies of the Software.
No License Transfer. License rights for Network Ports may not be transferred from one Physical Computer to another Physical Computer without the express written consent of HP. Except as described below for Moving Virtual Machines, once You Use one of Your Authorized Copies of the Software on a given Physical Computer, or Host/Client Set, or Virtual Machine, the license is not transferable to a different Physical Computer, or Host/Client Set, or Virtual Machine, without the express written consent of HP and You have obtained any and all license rights for any Third Party Software.
Moving Virtual Machines. An Authorized Copy of the Software that You Use on a Virtual Machine may be moved in conjunction with the entire move of the Virtual Machine from one host Physical Computer to a different host Physical Computer and there is no limitation on the number of times You may perform such moves, provided that after the move, there exists only a single Authorized Copy of the Software and You have obtained any and all license rights for any Third Party Software. If the act of moving the Virtual Machine results in the creation of a copy of the Virtual Machine running the Authorized Copy, You must ensure the original Virtual Machine is destroyed and no longer useable.
Host/Client Set - New Server Host Physical Computer. You may continue to Use Authorized Copies of the Software on licensed client Physical Computers after a new server host Physical Computer is introduced to the licensed client Physical Computers.
Storage of Authorized Copies. You may copy the Software into the local memory or storage device of the hardware configuration loaded with Authorized Copies of the Software. You may copy the Software onto a reasonable number of network server Physical Computers or a secure intranet for the sole purpose of distributing Authorized Copies of the Software to Physical Computers, Host/Client Sets, or Virtual Machines. You may make archival or back-up copies of the Software that are on the local memory or storage device or the secure intranet. You shall keep the activation key with the hardware configuration running the Authorized Copies of the Software. You should keep copies of the activation key information for future reference.
3. PRODUCT UPDATE. "Product Update" means a release of the Product that may contain fixes, corrections, or minor improvements to the Product. A Product Update is distributed from time to time solely at the option of HP. If HP offers a Product Update, it may come with its own terms and conditions; however if it does not, You may use the Product Update only under the terms and conditions of this Agreement and only if You have not failed to comply with the terms and conditions of this Agreement at the time of use.
4. PRODUCT UPGRADE. "Product Upgrade" means a release of the Product that may contain significant changes, enhancements, and/or substantial functional additions or improvements to the Product. A Product Upgrade is distributed solely at the option of HP, and HP at its discretion may elect to not allow use of the Product Upgrade with any previous Authorized Copies of the Product, as appropriate. In this case, You will need to obtain new Authorized Copies, as appropriate, in order to use the Product Upgrade. If HP offers a Product Upgrade, it may come with its own terms and conditions, however if it does not, You may use the Product Upgrade only under the terms and conditions of this Agreement and only if You have not failed to comply with the terms and conditions of this Agreement at the time of use.
5. OWNERSHIP. The Product is owned and copyrighted by Hewlett-Packard Development Company, L.P., HP's intellectual property management company, and by third party suppliers, except for the Ancillary Software, which is owned and copyrighted by the Ancillary Software providers indicated in the Ancillary Software list. Your right to Use an Authorized Copy of the Product confers no title or ownership and is not a sale of the Product, the Authorized Copy, or any part thereof. Third party suppliers and Ancillary Software providers are intended beneficiaries under this Agreement and may protect their rights in their respective portions of the Product directly against You.
6. TRANSFER. Without the prior written consent of HP, or unless specifically permitted in the Ancillary Software License, and subject to payment of any applicable fees, You have no right (a) to rent, lease, lend, or otherwise transfer the rights granted to You under this Agreement to anyone else; (b) to Use an Authorized Copy of the Product for commercial timesharing or bureau use; or (c) to copy the Product onto any public or distributed network.
7. COPYRIGHT. United States copyright laws, other countries' copyright laws, and international treaty provisions protect the Product and its Authorized Copies. You shall not remove any product identification, copyright notices, or proprietary notices from the Product or its Authorized Copies.
8. SUPPORT. Support terms and conditions and contact information are detailed in the Worldwide Limited Warranty and Technical Support for Industry Standard Server Products statement ("Support Statement"), a copy of which is available on the HP web site at www.hp.com. Subject to the terms of the Support Statement, technical support for the Product and its media is provided for a ninety (90) day period from the date of purchase of the HP Physical Computer on which an Authorized Copy of the Software is installed ("Support Term"). To access technical support in North America, call the HP Technical Support Phone Center at 1-800-474-6836. This service is available during normal business hours, Monday through Friday, during the Support Term. Outside North America, call the nearest HP Technical Support Center. No other support, including, without limitation, any on-site support, is provided under this Agreement. Products that are used on unsupported Physical Computers, as specified in the Support Statement and identified in Product information pages on the HP web site, shall not be supported in any fashion by HP without the prior written consent of HP.
9. LIMITATION ON REVERSE ENGINEERING. Reverse engineering of Ancillary Software shall be governed by its respective Ancillary Software License. As for the remainder of the Product, You shall not modify, disassemble, reverse engineer, decompile, decrypt, or otherwise attempt to access or determine the source code of the Software without HP's prior written consent. Where You have statutory rights with regard to Software, which are in contradiction of this Section 9, You shall provide HP with reasonably detailed information regarding any intended disassembly or decompilation of the Software prior to performing such disassembly or decompilation. You shall not decrypt the Software unless necessary for the licensed Use of an Authorized Copy of the Software.
10. RESERVATION OF RIGHTS. HP, its third party suppliers and Ancillary Software providers reserve all rights not expressly granted to You in this Agreement.
11. TERM AND TERMINATION. You may exercise the rights granted You under this Agreement and under the Ancillary Software Licenses for a period of time starting at Your acceptance of the terms and conditions of this Agreement and for so long as You meet such terms and conditions ("Term"). Notwithstanding the foregoing, HP may terminate Your right to Use the Product, upon notice, for Your failure to comply with any such term or condition. Immediately upon termination, You shall remove, destroy, or deliver to HP all copies of the Product, including those copies of the Software that are merged into Your adaptations, except for individual pieces of data in Your database. With HP's prior written consent, one copy of the Software may be retained, for archival purposes only, subsequent to termination. You may terminate this Agreement at any time by delivering to HP or destroying the Product together with merged portions in any form.
12. CONFIDENTIAL COMPUTER SOFTWARE. A valid license from HP is required for possession, use, or copying. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under HP's standard commercial license.
13. COMPLIANCE WITH LAW. The Product and any associated hardware, software, technology or services may not be exported, reexported, transferred or downloaded 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 Nationals exclusion list, any country under U.S. economic embargo, or to parties directly or indirectly involved 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). By accepting this Agreement You confirm that You are not (i) located in (or a national resident of) any country under U.S. economic embargo, (ii) identified on any U.S. Department of Commerce Denied Persons List, Entity List or Treasury Department Designated Nationals exclusion list, and (iii) directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations.
14. APPLICABLE LAW. This Agreement shall be construed in accordance with the laws of the State of New York without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If the Product was acquired outside the United States, then local law may apply.
15. SEVERABILITY. If any term or provision of this Agreement is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain valid and in full force and effect. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such right or provision with respect to any subsequent breach. Provisions herein, which by their nature extend beyond the termination of the license in the Product, will remain in effect until fulfilled.
16. CONSENT TO USE OF DATA. You agree that HP may collect and use technical information that You provide in connection with Your Use and request for technical support of the Product from HP, however, HP will not use this information in a form that personally identifies You.
17. ASSIGNMENT. You may not assign, sublicense or transfer this Agreement, the Product, any Authorized Copy, or any rights or obligations hereunder without the prior written consent of HP. Any such attempted assignment, sublicense, or transfer will be null and void, and in such event, HP may terminate this Agreement immediately. If, however, up to the date of assignment, you have complied with all of the terms and conditions of this Agreement, including obtaining the proper licenses entitling You to Use Third Party Software as required by Section 2.b of this Agreement, subject to payment of any applicable fees ,You may assign this Agreement and the rights granted hereunder with the transfer of all or substantially all of Your business, but only to a transferee who agrees to comply with all of the terms and conditions of this Agreement. The right to assign or transfer Ancillary Software is governed by the terms and conditions of the Ancillary Software Licenses.
18. ENTIRE AGREEMENT. This Agreement, including all Ancillary Software Licenses in the Ancillary Software list, is the final, complete and exclusive agreement between You and HP relating to the Product, and supersedes any previous communications, representations, or agreements between the parties, whether oral or written, regarding the subject matter hereof. Any additional or different terms and conditions not expressly set forth herein will not apply. This Agreement may not be changed except by an amendment signed by an authorized representative of both You and HP. To the extent the terms of any HP policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control.
a. NO ACTIVATION KEY REQUIRED SOFTWARE - AS-IS WARRANTY STATEMENT:
DISCLAIMER. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS PRODUCT AND SUPPORT SERVICES, IF ANY, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, OR WORKMANLIKE EFFORT, LACK OF VIRUSES, AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. IN ADDITION, WITHOUT LIMITATION, THERE IS NO WARRANTY OF QUIET ENJOYMENT, QUIET POSSESSION AND CORRESPONDENCE TO DESCRIPTION WITH REGARD TO THE PRODUCT. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HP, HP'S AUTHORIZED REPRESENTATIVES, OR ANY OTHER PARTY SHALL CREATE A WARRANTY OR AMEND THIS "AS IS" WARRANTY. Some jurisdictions do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply to You to the extent prohibited by such local laws. You may have other rights that vary from country to country, state to state, or province to province.
b. ACTIVATION KEY REQUIRED SOFTWARE - LIMITED WARRANTY.
HP warrants that the Product will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of purchase. If an implied warranty or condition is created by Your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, You also have an implied warranty or condition, BUT ONLY AS TO DEFECTS FOR WHICH CLAIMS ARE MADE WITHIN NINETY (90) DAYS FROM THE DATE OF PURCHASE. AS TO ANY DEFECTS DISCOVERED FOR WHICH A CLAIM IS NOT MADE WITHIN THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to You.
DISCLAIMER. The Limited Warranty that appears above is the only express warranty made to You and is provided in lieu of any other express warranties or implied warranties (if any) created by any documentation, packaging or otherwise. EXCEPT FOR THE LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE PRODUCT AND SUPPORT SERVICES (IF ANY) "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT OF TITLE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISIONS OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
20. WARRANTY OF AUTHORIZATION
a. You warrant that You have obtained the license rights from the provider, including Third Party Software providers, for any and all software that undergoes the Conversion into the Physical Computer, Host/Client Set or Virtual Machine.
21. LIMITATION OF LIABILITY.
a. FOR ALL SOFTWARE WHETHER OR NOT AN ACTIVATION KEY IS REQUIRED
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL HP OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS) ARISING OUT OF THE USE, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN THE PLANNING, CONSTRUCTION, MAINTENANCE, OR OPERATION OF A NUCLEAR FACILITY, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS (COLLECTIVELY "HIGH RISK APPLICATIONS"). YOU ARE SOLELY LIABLE IF THE PRODUCT IS USED FOR HIGH RISK APPLICATIONS, AND YOU SHALL INDEMNIFY, DEFEND AND HOLD HP HARMLESS FROM ALL LOSS, DAMAGE, EXPENSE OR LIABILITY IN CONNECTION WITH SUCH USE. YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY SUCH LOCAL LAWS.
b. FOR SOFTWARE REQUIRING AN ACTIVATION KEY
Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of HP and any of its suppliers under any provision of this EULA and Your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement if elected by HP with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by You for the Product or $5.00 U.S. The foregoing limitations, exclusions and disclaimers (including Warranty above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.
From: legal-bounces at lists.gpl-violations.org [mailto:legal-bounces at lists.gpl-violations.org] On Behalf Of Vincent Deffontaines
Sent: Wednesday, May 24, 2006 9:31 AM
To: legal at lists.gpl-violations.org
Subject: HP Firmware Maintenance CD v7.50
I have found that HP provides download of a bootable CD to upgrade HP Proliant Servers BIOS and Firmware. The CD seems to contain isolinux, gnome, and possibly other Free tools. Though the EULA does not mention the GPL, nor source code availability.
Iso download URL : http://h18023.www1.hp.com/support/files/server/us/download/24777.html
EULA URL (linked from above URL) : http://h18023.www1.hp.com/support/files/server/us/eula/eula.html
When booting on the CD another License agreement is displayed, and must be agreed. It does not mention the GPL either. That other License agreement seems to be different from the online one ; however it does not mention Linux, gnome, GPL neither source code availability.
To my understanding, this means HP is distributing Free Software by violating the GPL license. Please comment, bash, or approve me in Cc:, as I am not subscribed to this mailing list.
PS : I have noticed this for this particular version of this particular HP software upgrade kit. I have not looked at other similar products available from HP not other vendors.
On sait qu'une cité va devenir grande quand on y voit les anciens planter des arbres, alors qu'ils savent qu'ils ne profiteront jamais de leur ombre.
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