License Agreement

Step 1 of 4.

USE OF THE MOTIF 2.1 SOFTWARE (THE “SOFTWARE”) INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTATION, AND ANY OTHER SOFTWARE PRODUCTS BUNDLED WITH OR EMBEDDED IN THE SOFTWARE (COLLECTIVELY, THE “ANCILLARY SOFTWARE”), IS SUBJECT TO THE LICENSE TERMS SET FORTH BELOW AND THE APPLICABLE “AS-IS WARRANTY STATEMENT” PROVIDED AS A SEPARATE DOCUMENT. YOU SHOULD READ ALL THE TERMS OF THIS AGREEMENT CAREFULLY. YOU WILL BE ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT.

HP HAS IDENTIFIED ANCILLARY SOFTWARE BY EITHER NOTING THE RELEVANT PARTY’S OWNERSHIP WITHIN EACH ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY PROVIDING INFORMATION IN THE “FILES.TXT” FILE THAT IS PROVIDED AS PART OF THE DOWNLOAD OF THE SOFTWARE. YOUR USE OF ANY ANCILLARY SOFTWARE SHALL BE GOVERNED BY THAT PARTY'S LICENSE AGREEMENT (“ANCILLARY SOFTWARE LICENSE”) AND NOT BY THIS AGREEMENT EXCEPT THAT THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THE “AS-IS WARRANTY STATEMENT” FOR THE SOFTWARE SHALL CONTINUE TO APPLY TO SUCH ANCILLARY SOFTWARE. THE LICENSES FOR THE ANCILLARY SOFTWARE ARE INCLUDED IN SUCH ANCILLARY SOFTWARE AND/OR SET FORTH IN THE “ANCILLARY.TXT” FILE THAT IS PROVIDED AS PART OF THE DOWNLOAD OF THE SOFTWARE. IF YOU CHOOSE TO ACCEPT THIS AGREEMENT WITHOUT REVIEWING SUCH ANCILLARY SOFTWARE LICENSES OR OTHER TERMS, YOU WILL BE DEEMED TO HAVE ACCEPTED SUCH ANCILLARY SOFTWARE LICENSES OR OTHER TERMS.

IF YOU (“CUSTOMER”) AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS OF THIS AGREEMENT (INCLUDING THE “AS-IS WARRANTY STATEMENT” AS WELL AS ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER LICENSE AGREEMENT THAT IS IDENTIFIED IN THE SOFTWARE OR REFERENCED IN THE “ANCILLARY.TXT” FILE), YOU MUST CLICK THE BUTTON OR, IF A BOX IS PROVIDED IN LIEU OF A BUTTON PLACE A CHECK IN THE APPLICABLE BOX, INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT- (INCLUDING THE “AS-IS WARRANTY STATEMENT” AS WELL AS ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER LICENSE AGREEMENT THAT IS IDENTIFIED OR REFERENCED IN THE IN THE SOFTWARE “ANCILLARY.TXT” FILE), HP IS UNWILLING TO GRANT YOU ANY RIGHTS TO USE THE SOFTWARE, AND YOU MUST STOP INSTALLING THE SOFTWARE AND INDICATE YOUR REJECTION OF THIS AGREEMENT BY NOT CLICKING THE BUTTON, OR IF A BOX IS PROVIDED IN LIEU OF A BUTTON BY NOT PLACING A CHECK IN THE APPLICABLE BOX. NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT (INCLUDING THOSE TERMS AND CONDITIONS REFERRED TO IN THE SOFTWARE OR IN THE “ANCILLARY.TXT” FILE) ON BEHALF OF YOUR EMPLOYER OR PRINCIPAL, THE LICENSE GRANTED AND THE APPLICABLE RESTRICTIONS AND LIMITATIONS APPLY TO YOUR EMPLOYER OR PRINCIPAL AS WELL AS TO YOU AS AN AGENT OF YOUR EMPLOYER OR PRINCIPAL. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER OR PRINCIPAL, YOUR EMPLOYER OR PRINCIPAL MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

Please read carefully the license agreement below before proceeding.

If you agree to the terms, click on the "I accept" option at the bottom of this page to proceed to Step 2 - Warranty Statement.

If you do not agree to the terms, click on the "I do not accept" option in which case you will not be permitted to proceed.

LICENSE TERMS

SUBJECT TO ANY RIGHTS, LIMITATIONS AND OBLIGATIONS SET FORTH IN THE LICENSE TERMS FOR THE THIRD PARTY PRODUCTS WHETHER OR NOT INCLUDED IN THE LICENSES.TXT FILE:

1. LICENSE GRANT

HP GRANTS CUSTOMER A NON-EXCLUSIVE, NON-TRANSFERABLE, WORLDWIDE LICENSE TO STORE, LOAD, INSTALL, EXECUTE AND DISPLAY (COLLECTIVELY, “USE”) THE OBJECT CODE VERSION OF THE SOFTWARE ON CUSTOMER'S COMPUTERS RUNNING ON CUSTOMER'S PREMISES ON THE TRU64 UNIX OPERATING ENVIRONMENT. CUSTOMER MAY PERMIT ITS DESIGNATED THIRD PARTY SUPPORT SERVICES PROVIDER TO USE THE SOFTWARE ON CUSTOMER'S PREMISES SOLELY IN SUPPORT OF CUSTOMER'S COMPUTER SYSTEMS PROVIDED THAT SUCH DESIGNEE HAS NO OTHER RIGHTS WHATSOEVER IN OR TO THE SOFTWARE. HP DOES NOT GRANT THE CUSTOMER ANY RIGHTS TO USE THE SOFTWARE FOR EXTERNAL OR OTHER COMMERCIAL USE AND NO OTHER LICENSE OF ANY KIND, EITHER EXPRESS OR IMPLIED, IS GRANTED.

2. GENERAL TERMS FOR THE SOFTWARE

a) Software is owned and copyrighted by HP or by third party suppliers. Customer's license to Use the Software confers no title or ownership and is not a sale of any rights in the Software. Third party suppliers are intended beneficiaries under this Agreement and may protect their rights in the Software directly against the Customer.

b) You have no right to rent, lease, time share, or otherwise transfer the rights to the Software without the written consent of the owner of the Software. Customer may only 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 on a backup computer or device, provided that copies and adaptations are used in no other manner and provided further that the Use on the backup computer or device is discontinued when the original or replacement computer or device becomes operable. Customer may not copy the Software onto any public or distributed network.

c) Customer must reproduce all copyright notices and other proprietary legends in or on the original Software on all permitted copies or adaptations. You may not remove from the Software, or alter, any of the trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software.

d) HP shall have no obligation to provide support for the Software. This license does not entitle you to receive upgrades, updates or technical support. HP reserves the right to require additional licenses and fees for Use of the Software on a different computer or device, or on the class or series of equipment.

e) Customer will not modify, disassemble, decompile, decrypt, or otherwise attempt to access or determine the source code of the Software (including any products not specifically enumerated in the files.txt or ancillary.txt files) without HP's prior written consent. Where Customer has other rights under statute, Customer will provide HP with reasonably detailed information regarding any intended disassembly or decompilation. Customer will not decrypt the Software unless necessary for legitimate use of the Software.

f) HP may terminate Customer's license to Use the Software upon notice for failure to comply with any applicable Software license terms or at any time for any reason whatsoever. Immediately upon termination, all copies of the Software will be destroyed or returned to HP. Customer shall remove, destroy or return to HP all copies of the Software that are merged into adaptations, except for individual pieces of data in Customer's database. With HP's prior written consent, one copy of the Software may be retained subsequent to termination for archival purposes.

g) The Software may be only compatible with certain hardware platforms and/or operating systems. Customer acknowledges and agrees that Customer has the sole responsibility to independently obtain and independently license and/or acquire the system requirements.

h) HP, or its designee(s), shall, during regular business hours at Customer’s offices and in such a manner that does not interfere with Customer’s normal business activities, have the right to inspect and audit, or have an inspection and audit, of the number of copies of Software Used by Customer, the computers on which the Software, if any, is installed and the number of users Using any such Software. HP’s audit rights shall not terminate or expire until three (3) years after termination or expiration of this Agreement.

i) In the following provision regarding Software licenses to the U.S. Government, the term "Customer" means HP's direct licensee and the end-user.

1) If Software is licensed for use in the performance of a U.S government prime contract or subcontract, Customer agrees that Software has been developed entirely at private expense. Customer agrees that Software, and any derivatives or modifications, is adequately marked when the Restricted Rights Legend below is affixed to the Software or to its storage media and is perceptible directly or with the aid of a machine or device. Customer agrees to conspicuously put the following legend on the Software media with Customer's name and address added below the notice:

RESTRICTED RIGHTS LEGEND Use, duplication or disclosure is subject to HP standard commercial license terms and for non-DOD Departments and Agencies of the U.S. Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)(Jun 1987). Hewlett-Packard Company 3000 Hanover Street Palo Alto, CA 94304 U.S.A. Copyright (c) 2003, 2004 Hewlett-Packard Company. All Rights Reserved

2) Customer further agrees that Software is delivered and licensed as "Commercial computer software" as defined in DFARS 252.227-7014(Jun 1995) or 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. The Customer agrees that it has only those rights provided for such Software by the applicable FAR or DFARS clause or the HP standard software agreement for the product involved.

3. GENERAL

a) Customer may not assign or transfer this Agreement or any rights or obligations hereunder without prior written consent of HP. Any such attempted assignment or transfer will be null and void. HP may terminate this Agreement in the event of any such attempted assignment or transfer.

b) You may not export or re-export this software or any copy or adaptation in violation of any applicable laws or regulations. Without limiting the generality of the foregoing, hardware, software, technology or services provided under this license agreement may not be exported, reexported, transferred or downloaded to or within (or to a national resident of) countries under U.S. economic embargo including the following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria. This list is subject to change.

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, 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 license agreement you confirm that you are not located in (or a national resident of) any country under U.S. economic embargo, not identified on any U.S. Department of Commerce Denied Persons List, Entity List or Treasury Department Designated Nationals exclusion list, and not 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.

c) This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

d) If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain 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 any license of Software, will remain in effect until fulfilled.

e) Customer acknowledges that obtaining and maintaining accurate Customer information, including but not limited to name and requested contact information, ("Account Information") is critical to the successful management of each Software license, which may include, but may not be limited to, managing updates and providing support (as applicable and under separate agreement) and investigating property right infringements. Customer agrees and warrants that Customer has provided and will maintain true, full and correct Account Information at all times during the term of this license and promptly provide such information to HP, upon HP’s request. Customer agrees that Customer will not provide false, misleading, or inadequate Account Information.

f) This Agreement, including all Ancillary Software terms and conditions downloaded in or with the Software, is the final, complete and exclusive agreement between the parties relating to the Software, and supersedes any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer's additional or different terms and conditions will not apply. These license terms may not be changed except by an amendment signed by an authorized representative of each party.

I Accept. Proceed to Step 2 for the Warranty.
I Do Not Accept.