HPjmeter 4.3 User's Guide

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1. License. Oracle grants to Licensee a personal, non-exclusive, non-transferable license to use the Program only: (i) to provide an online help

system for Licensee’s use with Licensee’s applications, and in accord with the terms set forth in this Agreement, and (ii) to distribute the Program

as part of Licensee’s own products, provided that the Program is only used as an online help system with Licensee’s applications.

Licensee shall not:

a. transfer, sell, assign or otherwise convey the license for the Program to another party without Oracle’s prior written consent;

b. cause or permit reverse engineering, disassembly, or decompilation of the Program;

c. disclose results of any benchmark tests of any Program to any third party without Oracle’s prior written approval; or

d. use or distribute any individual component of the Program for any other purpose except as set forth in the preceding paragraph.

The Program is the proprietary product of Oracle or its licensors and is protected by copyright and other intellectual property laws. Licensee

acquires only the right to use and distribute the Program and does not acquire any rights, express or implied, in the Program other than those

specified in this Agreement. Oracle, or its licensors, shall at all times retain all rights, title, interest, including intellectual property rights, in

the Program.

Failure to comply with the above restrictions may result in termination of this license and will not limit Oracle from pursuing other remedies

available to it, including injunctive relief.

2. No Warranty. Oracle does not warrant that: (a) the Program will meet Licensee’s requirements, (b) the Program will operate in combinations

Licensee may select for use, or (c) operations of the Program will be uninterrupted or error-free. The Program is provided "as is" without

warranty of any kind, and Oracle expressly disclaims all express or implied warranties, including but not limited to implied warranties of

merchantability or fitness for a particular purpose.

3. Limitation of Liability. ORACLE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL,

OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY LICENSEE OR ANY

THIRD PARTY, WHETHER IN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Governing Law and Jurisdiction. This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws

of the State of California. Any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in San

Francisco or San Mateo County, California. Oracle and Licensee agree to submit to the exclusive jurisdiction of, and agree that venue is

proper in, these courts in any such legal action or proceeding.

5. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain

in full force.

6. Export Administration. Licensee agrees to comply fully with all relevant export laws and regulations of the United States ("Export Laws") to

assure that the Program is (1) exported, directly or indirectly, in violation of Export Laws; or (2) are intended to be used for any purposes

prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.

7. Entire Agreement. This Agreement constitutes the entire Agreement between Licensee and Oracle with reference to this transaction and shall

supersede any other prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement.

Any additions or modifications must be made in a subsequent, written agreement signed by both parties.

(4) JSch - Java Secure Channel

modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation

and/or other materials provided with the distribution.

3. The names of the authors may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED ''AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JCRAFT, INC. OR

ANY CONTRIBUTORS TO THIS SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS;

OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR

TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE

POSSIBILITY OF SUCH DAMAGE.

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The information in this document is subject to change without notice.