PLEASE READ CAREFULLY: THE USE OF SOFTWARE AVAILABLE AT THIS SITE IS SUBJECT TO THE TERMS AND
CONDITIONS THAT FOLLOW. IF YOU AGREE TO THESE TERMS, PLEASE CHOOSE THE “I ACCEPT” OPTION
LOCATED ADJACENT TO THE SCREEN WHERE THIS AGREEMENT IS DISPLAYED. IF YOU DO NOT AGREE TO THESE
LICENSE TERMS, PLEASE CHOOSE THE “I DO NOT ACCEPT” OPTION AND DO NOT DOWNLOAD ANY SOFTWARE
FROM THIS SITE.
End User License Agreement
PLEASE READ CAREULLY 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 Company ("HP") that governs your use of
any Software Product, installed on or made available by HP for use with your HP product ("HP Product"), that is not otherwise subject
to a separate license agreement between you and HP 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 HP Product.
RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS
AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE
SOFTWARE PRODUCT, YOU AGREE 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. HP grants you the following rights provided you comply with all terms and conditions of this EULA:
a. Use. You may use the Software Product on a single computer ("Your Computer"). If the Software Product is provided to you via
the internet and was originally licensed for use on more than one computer, you may install and use the Software Product only on
those computers. You may not separate component parts of the Software Product for use on more than one computer. You do not
have the right to distribute the Software Product. You may load the Software Product into Your Computer's temporary memory
(RAM) for purposes of using the Software Product.
b. Storage. You may copy the Software Product into the local memory or storage device of the HP Product.
c. 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 that it is used only for back-up purposes.
d. Reservation of Rights. HP and its suppliers reserve all rights not expressly granted to you in this EULA.
e. Freeware. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software Product which constitutes
non-proprietary HP 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.
f. Recovery Solution. Any software recovery solution provided with/for your HP Product, whether in the form of a hard disk drive-
based solution, an external media-based recovery solution (e.g. floppy disk, CD or DVD) or an equivalent solution delivered in any
other form, may only be used for restoring the hard disk of the HP Product with/for which the recovery solution was originally
purchased. The use of any Microsoft operating system software contained in such recovery solution shall be governed by the
Microsoft License Agreement.
2. UPGRADES. To use a Software Product identified as an upgrade, you must first be licensed for the original Software Product
identified by HP as eligible for the upgrade. After upgrading, you may no longer use the original Software Product that formed the
basis for your upgrade eligibility.
3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by HP
unless HP 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 user of the Software Product may make a one-time transfer of the Software Product to another end user.
Any transfer must include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity.
The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred
product must agree to all the EULA terms. Upon transfer of the Software Product, your license is automatically terminated.
b. Restrictions. You may not rent, lease or lend the Software Product or use the Software Product for commercial timesharing or
bureau use. You may not sublicense, assign or transfer the license or Software Product except as expressly provided in this EULA.
5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by HP or its
suppliers and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as
other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices or
proprietary restrictions from the Software Product.
6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Product,
except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly
provided for in this EULA.
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 HP and its affiliates may collect and use technical information you provide in
relation to support services related to the Software Product. HP agrees not to use this information in a form that personally identifies
you except to the extent necessary to provide such services.
9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS
SUPPLIERS PROVIDE THE SOFTWARE PRODUCT “AS IS” AND WITH ALL FAULTS, AND 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.
10. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, 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 shall be limited to the greater of the
amount actually paid by you separately for the Software Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL HP 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 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 HP 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 HP's standard
commercial license.
12. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of the United States and other countries
("Export Laws") to assure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used
for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your state 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.
15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product)
is the entire agreement between you and HP 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. To the extent the terms of any HP policies or programs for support services conflict with the terms of this EULA, the
terms of this EULA shall control.
© 2003 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. All other
product names mentioned herein may be trademarks of their respective companies. The only warranties for HP products and services
are set forth in the express warranty statements accompanying such products and services . Nothing herein should be construed as
constituting an additional warranty. HP shall not be liable for technical or editorial errors or omissions contained herein.
END-USER LICENSE AGREEMENT
For Microsoft DOS files
(1) END USER UTILITY TOOLS LICENSE AGREEMENT (“EULA”): HP Drive Key contains intel-lectual property, i.e.,
software programs, that is licensed for the End User Customer's use (hereinafter "End User").
(2) This is not a sale of such intellectual property.
(3) End User shall not copy, disassemble or reverse compile the software program accompanied with this HP Drive Key.
The Software Product (as defined below) is to be used solely to run bootable utility programs and is not licensed for use
as a general purpose operating system, nor should this Software Product be used on any computer system or computer
system component, other than the HP Drive Key.
(4) THE MICROSOFT SOFTWARE CONTAINED ON HP Drive Key (“SOFTWARE PRODUCT”) IS PROVIDED TO END
USER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE PRODUCT IS WITH END USER.
(5) MS (AS DEFINED BELOW) OR MS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED OR
INCURRED BY THE END USER (INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING FROM OR IN CONNECTION WITH THE DELIVERY,
USE OR PERFORMANCE OF THE SOFTWARE PRODUCT.
(6) All title and intellectual property rights in and to the SOFTWARE PRODUCT are owned by Microsoft Licensing, Inc.,
Microsoft Licensing, GP or another Microsoft entity, Microsoft Corporation, or their affiliates (“MS”). All rights not
expressly granted under this EULA are reserved by Manufacturer.
(7) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
1Transfer. End User may permanently transfer all of their rights under this EULA only as part of a sale or transfer of the
HP Drive Key, provided End User retains no copies, End User transfers all of the Software Product (including all
component parts, the media and printed materials, any upgrades, this EULA and if applicable, the Certificate of
Authenticity the recipient agrees to the terms of this EULA., if applicable, the Certificate(s) of Authenticity), and the
recipient agrees to the terms of this EULA.
2Rental. End User may not rent, lease or lend the Product Software.
3Termination. Without prejudice to any other rights, COMPANY may terminate this EULA if End User fails to comply with
the terms and conditions of this EULA. In such event, End User must destroy all copies of the Product Software and all of
its component parts, including the Custom Utility Software.
EULA ADDENDUM
END USER LICENSE AGREEMENT ADDENDUM (“EULA ADDENDUM”) SELECTED FILES OF MICROSOFT®
WINDOWS® 98
IMPORTANT READ THIS FIRST. By using the Selected Files Of Microsoft® Windows® 98 software files (the "Software")
provided with this EULA Addendum, you are agreeing to be bound by the following terms. If you do not agree to be
bound by these terms, you may not use the Software.
The Software is provided for the sole purpose of updating, or replacing all or portions of the previously licensed copy of
the Microsoft product originally distributed to you and as identified above (“ORIGINAL PRODUCT”). Upon installation,
the Software files become a part of the ORIGINAL PRODUCT and are subject to terms and conditions of the end user
license agreement (“EULA”) under which you have licensed the ORIGINAL PRODUCT. To the extent that any terms in
this EULA Addendum conflict with terms in the EULA for the ORIGINAL PRODUCT, the terms of this EULA Addendum
control solely with respect to the Software.
NOTE: If you do not have a valid EULA for the ORIGINAL PRODUCT, you are not authorized to install, copy or otherwise
use the Software. Any other use of the Software is prohibited.
THE MANUFACTURER’S LIMITED WARRANTY (IF ANY) INCLUDED IN THE EULA FOR THE ORIGINAL PRODUCT
APPLIES TO THE SOFTWARE AND THE TERM OF ANY MANUFACTURER’S LIMITED WARRANTY WILL BEGIN ON
THE DATE ON WHICH YOU INSTALL, COPY OR OTHERWISE USE THE SOFTWARE. THIS EULA ADDENDUM
DOES NOT MODIFY THE SCOPE OF ANY LIMITED WARRANTY PROVIDED IN THE EULA FOR THE ORIGINAL
PRODUCT AS APPLIED TO THE ORIGINAL PRODUCT, OR EXTEND THE TIME PERIOD FOR WHICH SUCH
LIMITED WARRANTY IS PROVIDED.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MANUFACTURER
AND ITS SUPPLIERS DISCLAIM WITH RESPECT TO THE SOFTWARE ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY (IF ANY)
WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF
RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT,
QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES REMAINS WITH YOU. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL MANUFACTURER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, MANUFACTURER'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Rev. 10/03
356369-001
