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PLEASE READ THESE TERMS AND CONDITIONS ("OPERATING RULES") CAREFULLY BEFORE
USING THIS HP e3000 SYSTEM ("SYSTEM"). USING THIS SYSTEM INDICATES THAT
YOU ACCEPT THESE OPERATING RULES. IF YOU DO NOT ACCEPT THESE OPERATING
RULES, DO NOT USE THIS SYSTEM.
Introduction
This System consists of computing and information services, software,
information, and other content ("Content") provided by the Hewlett-Packard
Company ("HP"). The Operating Rules are provided to make the usage of this
System a positive and secure experience for all users.
The Operating Rules supersede all previous representations, understandings,
or agreements. HP may modify these rules at any time by publishing the
modified rules over this System. You should visit
http://jazz.external.hp.com/pads/agreement-mpe.html
from time to time to review the current Operating Rules since they are binding
on you. HP reserves the right in its sole discretion to suspend or terminate
access to this System by any user at any time. HP reserves the right in its
sole discretion to edit or delete any information, software, or other
content appearing on the System.
Copyrighted material
All materials, software, and documentation pertaining to MPE/iX and the HP
e3000 are the copyrighted materials of HP and are protected by worldwide
copyright laws and treaty provisions. They may not be copied, downloaded,
reproduced, modified, published, uploaded, posted, transmitted, or
distributed in any way. HP does not grant any express or implied right to
you under any patents, copyrights, trademarks, or trade secret information.
You may not disassemble, decompile, or decrypt any of the HP copyrighted
materials provided on this System.
You may not place copyrighted materials on this System without the
permission of the owner(s) of the materials or person(s) they specifically
authorize to grant permission. Only the owner(s) or such authorized
person(s) may upload copyrighted material to the System.
Any user may upload public domain or open source programs to the System.
You assume all risks regarding the determination of whether a program is in
the public domain or open source program. Notwithstanding the above, the
HP copyrighted material provided herein is not subject to any public domain
or open source licenses.
Uses of the system
Access to this System is only to allow users to test-drive HP software and
to develop MPE/iX-based
applications that will execute on HP e3000 servers. You agree not to use
this System for any other use. In particular, without limitation, you
agree not to publish any information, software or other content that
violates or infringes upon the rights of any others, or that violates any
laws, or that would be abusive, profane or sexually offensive to an average
person, or that contains any advertising or any solicitation of other users
to use goods or services. You agree not to use the facilities and
capabilities of the System to conduct any business or activity, to solicit
the performance of any activity that is prohibited by law, or to send
mailings to many users that contain commercial advertisements.
You acknowledge that your use of this System is at your own risk and that
you are aware of others using this System. HP makes no representations with
respect to the security of the System nor does HP assume any responsibility
for the actions of the other users using this System, including without
limitation, downloading data that you may have uploaded to the System.
Access to this System is at the sole discretion of HP and HP may deny or
terminate your access to the System at any time for any reason. The
operation of this System is subject to availability and HP makes no
guarantees with respect to the System's availability. HP will not provide
any support for the materials contained on this System and you are
prohibited from accessing the HP Response Center for any support. HP has
no obligation to make any back-ups of materials contained on this System.
You agree to provide HP with prior written notice via e-mail to an address
provided with your registration confirmation
if your use of the System will impair the availability or operation of the
System or adversely affect the use by the other users.
Limitation of liability
IN NO EVENT WILL HP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE
RESULT OF USE OF THIS SYSTEM, ACTIONS OF OTHER USERS USING THIS SYSTEM, OR
THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT THIS SYSTEM, WHETHER
BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You shall defend and indemnify HP, its subsidiaries, officers, directors,
employees and agents from and against any claim, cause of action or demand,
including without limitation reasonable legal fees, brought by or on your
behalf, as a result of your use of this System.
Disclaimer
THE INFORMATION PROVIDED HEREIN ON THIS SYSTEM IS PROVIDED "AS IS." HP
DISCLAIMS WITHOUT LIMITATION ANY WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
General
HP makes no representation that the Content on this System is appropriate
or available for use outside of the United States, and access to it from
territories where its contents are illegal or prohibited. You may not use,
export, re-export the Content on this System or any copy or adaptation in
violation of any applicable laws or regulations including without
limitation U.S. export laws and regulations. If you choose to access this
System from outside the United States, you do so on your own initiative and
are responsible for compliance with applicable local laws. These Operating
Rules will be governed by and construed in accordance with the laws of the
United States and the state of New York, without giving effect to any
principles of conflicts of laws. The relationship between HP and you will
be that of independent contractors, and neither HP nor you nor any of our
respective officers, agents, or employees will be held or construed to be
partners, joint ventures, fiduciaries, employees or agents of the other.
You may not assign, convey, subcontract or delegate your rights, duties or
obligations hereunder. These Operating Rules shall be deemed severable.
In the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest extent
permitted by applicable law, and such determination shall not affect the
validity and enforceability of any other remaining provision. The headings
used herein are included for convenience only and will not limit or
otherwise affect the Operating Rules. These Operating Rules constitute the
entire agreement between us relating to the subject matter hereof and may
not be amended or modified except as updated by HP and reregistration by
you.
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