HP End-User License Agreement

End-User License Agreement

READ CAREFULLY BEFORE USING THIS SOFTWARE

This End-User License Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) HP Inc. ("HP") that governs your use of any Software Product, installed on or made available by HP for use with your genuine 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 NOT USE THE SOFTWARE PRODUCT.   IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT INSTALL, DOWNLOAD OR OTHERWISE USE THE SOFTWARE PRODUCT.

In order to be able to use the software applications made available through the specific Software Product licensed under this EULA in an uninterrupted manner, your HP Product (i.e., printer) must remain connected to the Internet; such Internet service is not provided by HP and must be separately obtained and paid for by you. Please check with your Internet provider for information on possible Internet data usage charges and any other applicable charges. You are responsible for obtaining and maintaining, at your sole expense, all equipment and services needed to access and use the Software Product and any software applications made available through it. If your printer is not connected to the Internet, then the software applications made available through the Software Product will be disabled and you will not be able to use them until Internet connectivity is restored.

Certain Software Products licensed under this EULA require registration with HP Connected or similar HP platforms.  In such instances, such registration requirement will be made clear and you will not be entitled to use the Software Product without registering on such platforms.

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 only on or connected to an HP Product. You may not separate component parts of the Software Product. You do not have the right to distribute the Software Product, nor do you have the right to modify the Software Product or disable any licensing or control feature of the Software Product. You may load the Software Product into your temporary memory (RAM) for purposes of using the Software Product.

b. You may use the Software Product to locate, browse, download, upload and install applications, data files and other content, some of which may be offered by HP or its subsidiaries and some of which may be made available by third parties that are not affiliated with HP (such third party applications, data files and other content, collectively, "Third Party Product"). You agree that HP and its subsidiaries are not responsible for any Third Party Product and make no representations or warranties relating to such Third Party Product; you access such Third Party Product at your own risk. You also acknowledge and agree that additional policies, terms, conditions and licenses ("Special Terms") may govern your use of a particular Third Party Product, in which case such Special Terms shall supplement this EULA with respect to your use of such Third Party Product. You agree to abide by such other Special Terms, including where applicable representing that you are of sufficient legal age to use such Third Party Product. In the event of a conflict or inconsistency between this EULA and any such Special Terms, the Special Terms shall prevail with respect to your use of that part or feature of the Third Party Product giving rise to the conflict or inconsistency.

c. Storage.  You may copy the Software Product into the local memory or storage device of the HP Product.

d. 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.

e. Reservation of Rights.  HP and its suppliers reserve all rights not expressly granted to you in this EULA.

f. 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.

g. 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. By using the Software Product, you also agree that HP may automatically access your HP Product and/or computer to check the version or status of certain Software Products and may automatically download and install upgrades or updates to such Software Products to provide new versions or updates required to maintain the functionality, performance, or security of the Software Product and your HP Product and/or computer and facilitate the provision of support or other services provided to you. In certain cases, and depending on the type of upgrade or update, notifications will be provided to you (via pop-up or other means), which may require you to initiate the upgrade or update.

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. You may not assign, sublicense, delegate or otherwise transfer, by operation of law or otherwise, all or any part of this EULA or the Software Product without prior written consent from HP, payment to HP of any applicable fees, and compliance with HP's Software license transfer policies and any applicable third party license terms. Any permitted transfer must include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. Any permitted transfer may not be an indirect transfer, such as a consignment. Prior to a permitted 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 the benefit of any third party or other entity, including to provide services to a third party or for commercial timesharing or bureau use.

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 COLLECTION/USE OF DATA.

a. HP will use cookies and other web technology tools to collect anonymous technical information related to HP software and your HP Product. This data will be used to provide the upgrades described in Section 2 and related support or other services. HP will also collect personal information including your Internet Protocol address or other unique identifier information associated with your HP Product and data provided by you on acceptance of this EULA. As well as providing the upgrades and related support or other services, this data will be used for sending marketing communications to you (in each case with your express consent where required by applicable law).

To the extent permitted by applicable law, by accepting these terms and conditions you consent to the collection and use of anonymous and personal data by HP, its subsidiaries, and affiliates as described in this EULA and as further described in HP’s privacy policy http://www8.hp.com/us/en/privacy/privacy.html?jumpid=reg_r1002_usen_c-001_title_r0001

b. Collection/Use by Third Parties.  Certain software programs included in your HP Product are provided and separately licensed to you by third party providers (“Third Party Software”). Third Party Software may be installed and operational on your HP Product even if you choose not to activate/purchase such software. Third Party Software may collect and transmit technical information about your system (i.e., IP address, unique device identifier, software version installed, etc.) and other system data. This information is used by the third party to identify technical system attributes and ensure that the most current version of the software has been installed on your system. If you do not want the Third Party Software to collect this technical information or automatically send you version updates, you should uninstall the software prior to connecting to the Internet.

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, GUARANTEES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES, GUARANTEES, OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. HP does not warrant that the operation of the Software Product will be uninterrupted or error free or that the Software Product will meet your requirements. 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.

IN AUSTRALIA AND NEW ZEALAND, THE SOFTWARE COMES WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN AND NEW ZEALAND CONSUMER LAWS. AUSTRALIAN CONSUMERS ARE ENTITLED TO A REPLACEMENT OR A REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. AUSTRALIAN CONSUMERS ARE ALSO ENTITLED TO HAVE THE SOFTWARE REPAIRED OR REPLACED IF IT FAILS TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. NEW ZEALAND CONSUMERS WHO ARE PURCHASING GOODS FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION AND NOT FOR THE PURPOSE OF A BUSINESS (“NEW ZEALAND CONSUMERS”) ARE ENTITLED TO REPAIR, REPLACEMENT OR REFUND FOR A FAILURE AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE.

10. LIMITATION OF LIABILITY.  SUBJECT TO LOCAL LAW, 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, OR 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 country in which the equipment was purchased.

15. ENTIRE AGREEMENT.  Unless you have entered into a separate license agreement for the Software Product, this EULA (including any addendum or amendment to this EULA which is included with the HP 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.

© Copyright 2018 HP 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. To the extent permitted by applicable law, 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. To the extent permitted by applicable law, HP shall not be liable for technical or editorial errors or omissions contained herein.

First Edition: August 2018