
HP Insight Integration Modules for Enterprise Management Platforms

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) ("YOU") AND HEWLETT-PACKARD COMPANY ("HP").  By Downloading, 
COPYING, INSTALLING, OR OTHERWISE USING THE 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" LIST.  

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (A) YOU
SHALL NOT DOWNLOAD, COPY OR INSTALL THE SOFTWARE; AND (B) 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.  

THE SOFTWARE PROVIDED HEREIN, IS PROVIDED BY HP AND BY THIRD PARTIES, 
INCLUDING THE OPEN SOURCE COMMUNITY ("ANCILLARY SOFTWARE").  USE 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").  

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" LIST. BY 
ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE ALSO 
ACCEPTING THE TERMS AND CONDITIONS OF EACH ANCILLARY SOFTWARE LICENSE 
IN THE ANCILLARY SOFTWARE LIST.

IF AND ONLY IF THE PRODUCT INCLUDES SOFTWARE LICENSED UNDER THE GNU 
GENERAL PUBLIC LICENSE ("GPL SOFTWARE"), YOU MAY OBTAIN A COMPLETE 
MACHINE-READABLE COPY OF THE GPL SOFTWARE SOURCE CODE ("GPL SOURCE 
CODE") BY DOWNLOAD FROM A SITE SPECIFIED IN THE FOLLOWING HP WEBSITE:
HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/
VALUEPACK/LICENSING.HTML. 
UPON YOUR WRITTEN REQUEST, HP WILL PROVIDE, FOR A FEE COVERING THE 
COST OF DISTRIBUTION, A COMPLETE MACHINE-READABLE COPY OF THE GPL SOURCE 
CODE, BY MAIL, TO YOU.  INFORMATION ABOUT HOW TO MAKE A WRITTEN REQUEST 
FOR GPL SOURCE CODE MAY BE FOUND AT THE FOLLOWING WEBSITE:
HTTP://H18004.WWW1.HP.COM/PRODUCTS/SERVERS/PROLIANTESSENTIALS/
VALUEPACK/LICENSING.HTML.


LICENSE TERMS

SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY RIGHTS, 
LIMITATIONS AND OBLIGATIONS SET FORTH IN THE ANCILLARY SOFTWARE LICENSES:


1. LICENSE GRANT

a. IF SOFTWARE DOES NOT REQUIRE AN ACTIVATION KEY.  If the Software
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 16), worldwide (except 
for the countries referenced  in Section 12) license under HP's 
copyrights, to install, copy on as many computers as you need for your 
business, use, execute, make archival or backup copies, and display 
("Use") the object code version of the Product on the computer(s) on 
which this Product is installed 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
("License Type") and rights: 

Authorized Copies.  You are licensed to install, make Authorized Copies 
of (as defined in this section), execute, and display ("Use") the object
code version of the Product on an equivalent number of Computers, 
Host/Client Pairs, Computer Nodes, or Clustered Computers (as defined 
in the table below) as you have Authorized Copies.  Authorized Copies is 
defined as the number of copies that you have paid for as stated in the 
invoice or comparable document evidencing an authorized quantity.

 
LICENSE TYPE    SOFTWARE INSTALLS TO:       LICENSED RIGHTS	   
                (hardware configuration)

Computer        A computer                  You have a right to install
                                            and Use the Product on a 
                                            single computer.  The 
                                            installed copy may not 
                                            be transferred to or used
                                            on any other computer.	   

Node/Client	A set of computers with     You have a right to install 
                a minimum of one host and   and Use the Product on a 
                one client connected to     Host/Client Pair or a Single
                each other ("Host/Client    Node.  Copies of the Product
                Pair"), or in certain       installed on a Host/Client 
                instances, a single         Pair or Single Node may not
                computer ("Single Node")    be transferred to any other
                                            host or client computers or  
                                            other single nodes. You can
                                            continue to Use the Product
                                            on licensed clients when
                                            a new server is introduced 
                                            to the licensed clients.	   

Cluster         More than two computers     You have a right to install
                physically connected        and Use the Product on each
                together in a cluster       Clustered Computer.
                configuration (each of      The installed copy may not
                which is referred to as     be transferred to or used 
                "Clustered Computer")       on any other computer.	 


		 
Storage.  You may copy the Product into the local memory or storage 
device of the hardware configuration loaded with the Authorized Copies.
You may copy the Product onto a reasonable number of network servers 
or a secure intranet for the sole purpose of distributing the Product 
to the Computers, Host/Client Pairs, Computer Nodes, or Clustered 
Computers.  You may make archival or back-up copies of the Product.  
You shall keep the activation key with the hardware configuration to 
which the activation key is licensed.  You should keep copies of the 
activation key information for future retrieval purposes. 

2. NEW RELEASES.  "New Release" means a release of the Product 
that may contain fixes, corrections, or minor improvements to the 
Product.  New Releases are distributed from time to time solely at 
the option of HP.  If HP offers a New Release, it may come with its 
own terms and conditions, however if it does not, You may use the 
New Release only under the terms and conditions of this Agreement.  

3. NEW VERSIONS.  "New Version" means a version of the Product 
that may contain significant changes, enhancements, and/or functional 
improvements to the Product.  New Versions are distributed solely 
at the option of HP.  If HP offers a New Version, it may come with 
its own terms and conditions, however if it does not, You may use 
the New Version only under the terms and conditions of this Agreement.  

4. 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 the Product confers no title or ownership and is not a 
sale of the Product 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.

5. TRANSFER. Without the prior written consent of HP, or unless 
specifically permitted in the Ancillary Software License,  You have 
no right (a) to rent, lease, lend, or otherwise transfer the rights 
to the Product to anyone else; (b) to Use the Product for commercial 
timesharing or bureau use; or (c) to copy the Product onto any public 
or distributed network.

6. COPYRIGHT.  United States copyright laws, other countries' 
copyright laws, and international treaty provisions protect the 
Product.  You shall not remove any product identification, copyright 
notices, or proprietary notices from the Product.

7. 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, 
for HP software products installed on HP computers, technical support 
for questions regarding media and Product installation may be 
available for a ninety (90) day period from the date of purchase of 
the HP computer on which this Product is installed ("Support Term").  
To access this support in North America, call the HP Technical 
Support Phone Center at 1-800-652-6672.  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.

8. 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 
Product without HP's prior written consent.  Where You have other 
statutory rights with regard to software, You shall provide HP with 
reasonably detailed information regarding any intended disassembly 
or decompilation of the Product prior to performing such disassembly 
or decompilation.  You shall not decrypt the Product unless necessary 
for the licensed Use of the Product. 

9. RESERVATION OF RIGHTS.  HP, its third party suppliers, and 
Ancillary Software providers reserve all rights not expressly granted 
to You in this Agreement.

10. TERM AND TERMINATION.  You may exercise the rights of this 
Agreement and of 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 return to HP all copies of the Product, including 
those copies of the Product 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 Product may be retained, for 
archival purposes only, subsequent to termination.  You may terminate 
this Agreement at any time by returning or destroying the Product 
together with merged portions in any form.

11. CONFIDENTIAL COMPUTER SOFTWARE.  Valid license from HP 
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 vendor's standard commercial license.

12. 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.

13. APPLICABLE LAW. This Agreement shall be construed in accordance 
with the laws of the State of Texas, 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.

14. 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. 

15. 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.

16. ASSIGNMENT.  You may not assign, sublicense or transfer this 
Agreement, the Product, 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.  Notwithstanding the 
foregoing, You may assign this Agreement and the rights granted 
hereunder with the transfer of all or substantially all of Your 
business.  The right to assign or transfer Ancillary Software is 
governed by the terms and conditions of the Ancillary Software 
Licenses. 

17. 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.

18. WARRANTY

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 warrantees (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 (IF 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.

19. 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 U.S. $5.00.  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.




