--------------------------------------------------------------- END-USER LICENSE AGREEMENT --------------------------------------------------------------- PLEASE READ CAREULLY BEFORE USING THIS EQUIPMENT: This End-User license Agreement ("EULA") is a legal agreement between you and the Hewlett-Packard Company ("HP") that governs your use of any Software, installed on or made available by HP for use with your HP wireless networking hardware ("HP Hardware"), that is not otherwise subject to a written license agreement between you and HP or its suppliers. The term "Software" means computer software and any separately installed components, updates or modifications and may include associated media, printed materials and "online" or electronic documentation. RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY CLICKING THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, CLICK THE BUTTON THAT INDICATES YOU DO NOT AGREE TO THESE EULA TERMS AND DO NOT INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE; YOU MAY RETURN THE UNUSED SOFTWARE PRODUCT, ALONG WITH YOUR HP HARDWARE WITHIN 20 DAYS OF PURCHASE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. 1. GRANT AND SCOPE OF LICENSE. HP grants you the following rights provided you comply with all terms and conditions of this EULA: a. You may use the Software for the limited purpose of installing the HP Hardware in one of the supported computer operating systems as identified in the User Documentation, and/or diagnosing the operation and radio performance of the HP Hardware; b. After following the HP installation instructions, you may copy for your own use and for noncommercial distribution to others the files contained in either the dedicated set of files and folders if provided on CD-ROM or in a self extracting executable file if provided via the HP website, provided you do not receive any form of payment for the Software and you do not distribute it with products or services for which you receive payment; each copy of the Software must contain all of the original proprietary notices and EULA provisions and every user must agree to the terms and conditions of this EULA. 2. PROHIBITED USES. You may not without express written permission from HP: a. Reverse engineer, disassemble or decompile the Software; b. Use, copy, modify, merge or transfer copies of the Software or printed materials except as provided in this EULA; c. Use any backup or archival copy of the Software (or allow someone else to use such a copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective; d. Sublicense, lend, lease or rent the Software; or e. Transfer this license to another party unless (i) the transfer is permanent, (ii) the third party recipient agrees to the terms of this EULA, and (iii) you do not retain any copies of the Software. 3. FREEWARE. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software 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. 4. PROPRIETARY RIGHTS. All intellectual property rights in the Software (including any images, photographs, animations, video, audio, music, text and applets incorporated into the Software) and accompanying printed materials are owned by HP, Compaq Information Technologies Group, L.P. (CITG) 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. HP, CITG and its suppliers retain all rights not expressly granted. 5. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the original Software identified by HP as eligible for the upgrade. After upgrading, you may no longer use the original Software that formed the basis for your upgrade eligibility. 6. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software provided by HP unless HP provides other terms along with the update or supplement. 7. 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. HP agrees not to use this information in a form that personally identifies you except to the extent necessary to provide such services. 8. TERMINATION. This EULA and your rights to use the Software will automatically terminate if you fail to comply with any provisions of this EULA, destroy all copies of the Software in your possession, or voluntarily return the Software to HP. You agree upon termination to destroy the Software together with all copies, modifications, and merged portions in any form. 9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TITLE, 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. 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. If you are a consumer, your statutory rights as a consumer, if any, are not affected by this disclaimer. 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 for the Software 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, 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. If you are a consumer, your statutory rights as a consumer, if any, are not affected by this limitation. 11. COMPLIANCE WITH LAW. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software 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. 12. 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. 13. AGREEMENT TO CONTRACT ELECTRONICALLY. You and HP agree to form this EULA electronically. This means that when you click the "I Agree" button with your mouse, you acknowledge your agreement to these EULA terms and conditions and that you are doing so with the intent to "sign" a contract with HP electronically. 14. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Software is provided with Restricted Rights. Use, duplication or disclosure by the U.S Government or any agency or instrumentality thereof is subject to restrictions as set forth in DFARS 227.7202-3 (Commercial Computer Software) and DFARS 252.227-7015(b) (Technical Data-Commercial Items) -- Restricted Rights Clause at FAR 52.227-19, as applicable. Manufacturer is Hewlett-Packard Company, 20555 S.H. 249, Houston, TX 77070. 15. CANADIAN TRANSACTIONS. If you obtained this Software in Canada, you agree to the following: The parties hereto have expressly required that the present EULA be drawn up in the English language. / Les parties aux presentes ont expressement exige que la presente conventions et ses Annexes soient redigees en la langue anglaise. 16. ENTIRE AGREEMENT. This EULA is the entire agreement between you and HP relating to the Software and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software 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.