Use of HPE Websites
Use of this Website on another Website or through a networked computer environment is strictly prohibited. If You make copies of any of the Materials, You must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform or distribute the Materials. As between You and HPE, HPE owns this Website. This Website is protected under United Kingdom and international copyright laws. Any unauthorized use of this Website may violate copyright, trademark and other laws. If You breach any of these Terms, your authorization to use this Website automatically terminates and You must immediately destroy any downloaded or printed materials.
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of this Website and for paying all charges related thereto. When You register to open an account anywhere on this HPE Website or when You contact HPE through this Website, You may be asked to provide certain registration details or other information. You agree that all information You provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by the provisions of the HPE Online Privacy Statement and You consent to all actions HPE takes with respect to Your information consistent with that Statement. You warrant that all data provided by You is true, accurate, current and complete information (and, for as long as You continue to use your HPE Websites account, You agree to update such information and to keep it true, accurate, current and complete). You are responsible for maintaining the confidentiality of your HPE Websites password and You are solely responsible for all activities that occur under your password. You agree to notify HPE immediately of any unauthorized use of your password or any other breach of security related to this Website. HPE reserves the right to require You to change your password if HPE believes that your password no longer is secure. Access to HPE Websites granted under other separately executed agreements by HPE and You shall supersede the terms contained in this Section.
You agree not to use this Website: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt this Website or servers or networks connected to this Website. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or (y) attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means and as further detailed below.
Viruses, Hacking and other offences: You must not misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to this Website, the server on which this Website are stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any Materials posted on it, or on any website linked to it.
Except as set forth in "Other agreements; software, services or access", below, HPE may terminate, suspend or modify your registration with, or access to, all or part of this Website, without notice, at any time and for any reason. You may discontinue your participation in and access to this Website at any time. If You breach any of these Terms, your authorization to use this Website automatically terminates and You must immediately destroy any downloaded or printed Materials (and any copies thereof).
THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU. HPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE HPE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HPE MAKES NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED. HPE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS WEBSITE OR FROM HPE, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE HPE PARTIES") SHALL CREATE ANY WARRANTY. HPE DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of Liability
IN NO EVENT WILL ANY OF THE HPE PARTIES BE LIABLE FOR (A) INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER OR HOWSOEVER CAUSED OR (B) ANY DIRECT DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED (100.00) POUND (GBP) (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA OR OTHER INTANGIBLE LOSSES), DIRECTLY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY HPE PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to You. To the extent that any HPE Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the HPE Party's liability shall be the minimum permitted under such applicable law.
Other agreements: software, services or access
HPE may provide products (such as hardware or software) services (such as hardware maintenance or repair or software maintenance, installation or training) or access to HPE Websites under the terms of a separate agreement between You and HPE (each, an "Other Agreement"). HPE's obligations with respect to any product, service or access that it makes available to You under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from this Website ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless You first have agreed to the License Agreement terms. If no end user license agreement accompanies or is included with the Software, then such Software shall be deemed to be Materials hereunder and these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to HPE Websites
HPE reserves the right to modify, suspend or discontinue this Website at any time without notice to You. For example, HPE may make changes to the content of this Website at any time without notice. The content may be out of date and HPE makes no commitment to update the content whatsoever.
Certain areas of this Website may permit You to submit feedback, information, data, text or other materials (each, a "User Submission"). By submitting a User Submission, You grant to HPE an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that HPE deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). HPE reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. HPE may, but is not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. You agree that You are solely responsible for all of your User Submissions. HPE is not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. HPE is not responsible for any loss, theft, or damage of any kind to any User Submissions. HPE does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that HPE will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. HPE does not guarantee that You will have any recourse through HPE or any third party to edit or delete any User Submission You have submitted. By submitting any User Submission, You represent and warrant that:
You are at least 13 years old;
You own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, You have acquired all necessary rights in your User Submissions to enable You to grant to HPE the rights in your User Submissions described herein;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
You are the individual pictured and/or heard in your User Submissions or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to HPE described herein;
your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
You voluntarily agree to waive all "moral rights" that You may have in your User Submission;
any information contained in your User Submission is not known by You to be false, inaccurate, or misleading;
your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
your User Submission does not incorporate materials from a third party web Website, or addresses, email addresses, contact information, or phone numbers (other than your own);
your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
your User Submission does not contain any information that You consider confidential, proprietary, or personal; and
your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on this Website to third-party websites are provided solely as a convenience to You. If You use these links, You will leave this Website. HPE is not obliged to review such third-party websites, does not control such third-party websites and is not responsible for any such third-party websites (or the products services, or content available through the same). Thus, HPE does not endorse or make any representations about such third-party websites, any information, software, products, services or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from the HPE Network, You do this entirely at your own risk.
Linking to this Website
You may create links to this Website from other websites, but only in accordance with the following terms and in compliance with all applicable laws.
Without HPE's written authorization to the contrary, a website that links to this Website:
may link to, but shall not replicate, any Materials (including any HPE logo);
shall not create a browser or border environment around any Materials;
shall not imply that HPE endorses such website or any products, services or content available through such website;
shall not misrepresent its relationship with HPE;
shall not present false or misleading information about HPE, its products or its services;
shall not contain content that could be construed as distasteful, offensive or controversial; and
shall contain only content that is appropriate for all age groups. HPE reserves the right to withdraw linking permission without notice.
HPE and any other product or service name or slogan or logo contained in this Website are trademarks of Hewlett-Packard Development Company, L.P., and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of HPE or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with HPE or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark or product or service name of HPE without HPE's prior written permission. In addition, the look and feel of the Website (including all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of HPE and may not be copied, imitated or used (in whole or in part) without HPE's prior written permission. Reference to any products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by HPE.
Without limiting the generality of the foregoing:
Microsoft, Windows and Windows Vista are either US registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries; and
Celeron, Celeron Inside, Centrino, Centrino Inside, Core Inside, Intel, Intel Logo, Intel Atom, Intel Atom Inside, Intel Core, Intel Core Inside, Intel Inside Logo, Intel Viiv, Intel vPro, Itanium, Itanium Inside, Pentium, Pentium Inside, ViiV Inside, vPro Inside, Xeon and Xeon Inside are trademarks of Intel Corporation in the U.S. and other countries.
Intellectual Property Rights
HPE respects the intellectual property rights of others, and asks You to do the same. HPE may, in appropriate circumstances and at our discretion, terminate service and/or access to this Website for users who infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on this Website, please let HPE know by following the procedures provide written notice to the following HPE agent for notice of claims of infringement:
Attn: DMCA Copyright Agent
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow HPE to locate that material; (d) contain adequate information by which HPE can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to HPE’s designated agent, as they will be deleted upon receipt.
International and export issues
HPE administers this Website from its offices in the European Union. HPE makes no representation that access to this Website from territories where its contents are illegal or restricted is prohibited. If You choose to access this Website from outside the United Kingdom, You do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations including without limitation such applicable laws of the United Kingdom and United States in connection with your use of this Website and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concern , or the US State Department Debarred Parties List . By using any Materials subject to any such restrictions and regulations, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
When You visit the Website or send e-mails to HPE, You are communicating with HPE electronically. We may respond to You by e-mail or by posting notices on the Website. You agree that all such notices, disclosures and other communications that HPE provides to You electronically satisfy any legal requirement that such communications be in writing.
These Terms, together with any additional terms to which You agree when using particular elements of this Website, constitute the entire and exclusive and final statement of the agreement between You and HPE with respect to the subject matter hereof, superseding any prior agreements or negotiations between You and HPE with respect to such subject matter. The HPE Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between You and HPE shall be governed by the laws of England and Wales and by using this Website You submit to the exclusive jurisdiction of the English courts The failure of HPE to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the intentions of HPE and You as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of this Website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by HPE without restriction.
Modifications to these Terms
HPE may, at its sole and absolute discretion, change these Terms from time to time. HPE will post notice of such changes on the applicable Website. If You object to any such changes, your sole recourse shall be to cease using this Website. Continued use of this Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Website and, in such circumstances, the expressly designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.