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Usage agreement

Please review the usage terms shown below. If you agree to the terms, check the "I accept" box and click the next button to download software.
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License agreement

Please review the license terms shown below. If you agree to the terms, check the "I agree" box and click the Download button to download software.
LEGAL NOTICE – READ BEFORE DOWNLOADING OR OTHERWISE USING THIS SOFTWARE.

ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HPE SOFTWARE LICENSE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND. IF THE SOFTWARE IS BUNDLED WITH ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL REFUND.
HPE End User License Agreement
PLEASE READ CAREFULLY BEFORE USING THIS EQUIPMENT: This End-User license Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) Hewlett Packard Enterprise Company or in-country legal entity ("HPE") that governs your use of any Software Product, which is either i) installed on or made available by HPE  for use with your HPE Networking  (“HPE Networking  Product”) or ii) made available as part of the HPE Networking product portfolio for use on a standalone basis ("HPE Networking  Software Product"), that is not otherwise subject to a separate license agreement between you and HPE or its suppliers. Other software may contain a EULA in its online documentation. The term "Software Product" means computer software and may include associated media, printed materials and "online" or electronic documentation. An amendment or addendum to this EULA may accompany the HPE Networking Product or HPE Networking Software Product.

BY CHECKING THE BOX NEXT TO “I ACCEPT ALL OF THE ABOVE TERMS.”, OR BY INSTALLING, COPYING, DOWNLOADING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED PRODUCT (HARDWARE AND SOFTWARE) WITHIN 14 DAYS FOR A REFUND, SUBJECT TO THE REFUND POLICY OF YOUR PLACE OF PURCHASE.

1. GRANT OF LICENSE. HPE grants you the following rights provided you comply with all terms and conditions of this EULA:
a. Use. You may use the Software Product which accompanies an HPE Networking Product only on a single HPE Networking device ("Your Device"). HPE Networking Software Product may be installed on other HPE devices or on non-HPE devices. If the Software Product was originally licensed (or licensed through a purchased upgrade) for use on more than one device, you may install and use the Software Product only on the specified number of devices. Except as provided in any additional license terms which apply to an HPE Networking Software Product, you may not separate component parts of the Software Product for use on more than one device nor move the Software Product from an HPE Networking Product to a non-HPE product. You do not have the right to distribute or copy the Software Product except as expressly provided. You may load the Software Product into Your Device's temporary memory (RAM) or executable non-volatile storage for purposes of using the Software Product.
b. Copying. You may make archival or back-up copies of the Software Product, provided the copy contains all of the original Software Product's proprietary notices and license terms, and that it is used only for back-up purposes. 
c. Reservation of Rights. HPE and its suppliers reserve all rights not expressly granted to you in this EULA.
d. Freeware. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes non-proprietary HPE software or software provided under public license by third parties ("Freeware") is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.

2. UPGRADES. To use a Software Product identified as an upgrade, you must first be licensed for the original Software Product identified by HPE as eligible for the upgrade. After upgrading, you may use the original Software Product that formed the basis for your upgrade eligibility. Each upgraded license requires the use of one original Software Product license. Obtaining upgrades will not entitle you to use additional copies of the original Software Product unless additional copies of the original Software Product are also licensed. 

3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by HPE unless HPE provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.

4. TRANSFER.
a. Third Party. The initial end user who has purchased the Software Product from HPE or an HPE-authorized reseller may transfer the Software Product to a bona fide end user. Bona fide end users may make subsequent transfers only to other bona fide end users under the terms of this EULA. Any transfer must include all component parts, Software Product, media, printed materials, this EULA and any additional license terms which apply to the Software Product including Freeware terms, and, if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment, or sale of HPE Networking Product through any party who is not an HPE-authorized reseller. Transfer of HPE Networking Product to or through any party except a bona fide end user voids the HPE Networking Product warranty to the extent allowed by law. Transfer of HPE Networking Software Product to or through any party except a bona fide end user voids the HPE Networking Software Product warranty to the extent allowed by law. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms in writing. Upon transfer of the Software Product, your license is automatically terminated.
b. You may not (and may not permit or encourage any third party to): (i) copy, duplicate or otherwise reproduce the Software Product in any manner; (ii) distribute, network, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Software Product (or any copy or component thereof) or any rights thereto to any third party; (iii) remove, alter or obscure any product identification, trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the Software Product; (iv) use the Software Product for time-sharing or service bureau purposes or in any other manner not expressly permitted hereunder; (v) incorporate the Software Product (or any copy or portion thereof) into any of your products; or (vi) modify or disable Software Product licensing mechanisms for any reason.

5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by HPE or its suppliers and are protected by law, including but not limited to copyright, trade secret and trademark law, as well as other applicable laws and international treaty provisions. 

6. LIMITATION ON REVERSE ENGINEERING. You may not (and may not permit or encourage any third party to): (i) reverse engineer, disassemble or decompile the Software Product, or any part thereof, or otherwise attempt to derive source or modifiable code; or (ii) create any alteration, adaptation, modification, translation, improvement or derivative work of the Software Product. If applicable law permits any of the foregoing notwithstanding such prohibition, you agree to first request in writing that HPE provide such information as is necessary to achieve interoperability without modifying or reverse engineering the Software Product. If and only if HPE declines your request then, notwithstanding anything to the contrary, you may reverse engineer the Software Product solely to the extent, and for such purposes as, expressly permitted by applicable law.

7. TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA.

8. CONSENT TO USE OF DATA. You agree that HPE and its affiliates may collect and use technical information you provide in relation to support services related to the HPE Software Product. HPE agrees not to use this information in a form that personally identifies you except to the extent necessary to provide such services. 
Collection of Certain System Information. HPE  regularly collects data from the SMS regarding the current status, and your use, of HPE TippingPoint Software and Hardware products.  Information is collected anonymously through TippingPoint's Threat Management Center (TMC) and is of a non-personal nature.  Collected information may include without limitation the SMS operating system version, IPS operating system version(s), DV package(s) and DV filter settings information. This information is kept confidential and is invaluable to HPE  for diagnostic and development purposes.  The SMS also provides an option to collect event data for use in HPE security research and the destination of the attack data is anonymous by default.  In the event you do not wish to allow HPE to collect such data you can disable TMC Information Share within the SMS's Security.

9. DISCLAIMER OF WARRANTIES. HPE warrants that HPE Networking Software Product will substantially conform to its specifications for a period of ninety (90) days from the date of purchase or lease from HPE,  or from the date that HPE completes installation, whichever is later. HPE warrants that Software Product which accompanies an HPE Networking Product will substantially conform to its specifications during the hardware Limited Warranty Period of the HPE Networking Product. The warranty on any removable media used to distribute Software Product is provided in the applicable warranty statement. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HPE AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. 
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10. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of HPE and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you separately for the Software Product or U.S. $5.00 or in-country currency equivalent. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HPE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR COST OF COVER, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF HPE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11. U.S. GOVERNMENT CUSTOMERS. 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 HPE's  standard commercial license. 

If you are licensing the Software on behalf of the U.S. Government ("Government"), the following provisions apply.  If the Software is supplied to the Department of Defense ("DoD"), it is classified as "Commercial Computer Software" under paragraph 252.227-7014 of the DoD Supplement to the Federal Acquisition Regulations ("DFARS") (or any successor regulations) and the Government is acquiring only the license rights granted herein (the license rights customarily provided to non-Government users).  If the Software is supplied to any unit or agency of the Government other than DoD, it is classified as "Restricted Computer Software" and the Government's rights in the Software are defined in paragraph 52.227-19 of the Federal Acquisition Regulations ("FAR") (or any successor regulations) or, in the case of NASA, in paragraph 18.52.227-86 of the NASA Supplement to the FAR (or any successor regulations).  Use, duplication or disclosure by the Government is subject to the restrictions set forth in such sections.


12. COMPLIANCE WITH EXPORT LAWS. You shall comply with all import and export laws and regulations of the United States and other countries ("Import and Export Laws") to assure that the HPE Networking Product or HPE Networking Software Product is not (1) imported or exported, directly or indirectly, in violation of existing Import and Export Laws, or (2) used for any purpose prohibited by Import and Export Laws, including, without limitation, nuclear, missile, chemical or biological weapons proliferation.  Software that you download may be subject to local import laws and regulations.  If you choose to download this software, you do so at your risk with the understanding that you are responsible for compliance with all applicable laws and regulations, and for obtaining required import authorizations, where applicable.

13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your state/jurisdiction of residence and, if applicable, you are duly authorized by your employer to enter into this contract.

14. APPLICABLE LAW. This EULA is governed by the laws of the State of California, U.S.A. or the local laws of the jurisdiction for the HPE legal entity licensed to do business in your country of residence.

15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the HPE Networking Product or HPE Networking Software Product) is the entire agreement between you and HPE relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. You acknowledge that your purchase or use is based on the current configuration of the Software Product, and not in reliance on any roadmap or the disclosure of possible changes in functionality. To the extent the terms of any HPE policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

Last updated:  February 2013
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HPE Networking

HPE Networking

JD441A HP 5800 ACM for 64-256 APs

WX5002-WX5004_5.20.R2308P10

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