You must accept the
terms of the following software license in order to download, install and use
the PTM Builder software.
Binary Code License Agreement
This binary code
license ("License") contains rights and restrictions associated with the use of
the accompanying PTMbuilder software (executables), PTMviewer (executable), PTM
data sets, and PTM documentation, and any future error corrections or updates
provided by Hewlett-Packard (collectively "Software"). Read the License
carefully before using the Software. By using the Software you agree to the
terms and conditions of this License.
IF YOU ARE ACCESSING
THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY
SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL THESE TERMS, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE.
Hewlett-Packard grants you a non-exclusive, non-transferable, royalty-free and
revocable license under HP's copyright to use the Software in binary form for
the sole purpose of
(i) evaluating and testing the Software,
(ii) academic and commercial research and education, or
(iii) personal and lawful non-commercial end use. No patent license is given by
2. REPRODUCTION AND
DISTRIBUTION. Licensee can reproduce and distribute the Software for the above
stated purpose provided that Licensee:
(A) distributes the Software complete and unmodified;
(B) does not distribute additional software intended to replace any component(s)
of the Software;
(C) does not distribute the Software for profit and does not use the Software in
any commercial product;
(D) does not remove or alter any proprietary legends or notices contained in the
(E) agrees to indemnify, hold harmless, and defend Hewlett-Packard and its
licensors from and against any claims or lawsuits, including attorneys' fees,
that arise or result from the use or distribution of the Software.
3. RESTRICTIONS. The
Software is copyrighted. Title to the Software and all associated intellectual
property rights is retained by Hewlett-Packard and/or its licensors. Unless
enforcement is prohibited by applicable law, you may not modify, decompile,
disassemble or otherwise reverse engineer the Software. The Software may not be
leased, assigned, or sublicensed, in whole or in part. No right, title or
interest in or to any trademark, service mark, logo or trade name of
Hewlett-Packard or its licensors is granted under this Agreement.
4. DISCLAIMER OF
WARRANTY. The Software is provided "AS IS," without a warranty or of any kind.
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE HEREBY EXCLUDED. In particular, the Software is not
qualified for diagnosing or treatment in any way of humans or other living
beings, or the testing or processing in any way of materials or goods of value.
The PTM software is not a Hewlett-Packard Product. The Software has not
undergone complete testing and may contain errors. It may not function properly
and is subject to change or withdrawal at any time. The user must assume the
entire risk of using the Software. No support or maintenance is provided with
the Software by Hewlett-Packard. Do not install the Software if you are not
accustomed to using experimental software.
5. LIMITATION OF
LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL HEWLETT-PACKARD
OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE
FURNISHING, PERFORMANCE, OR USE OF THE SOFTWARE, OR THE INABILITY TO USE THE
SOFTWARE, EVEN IF HEWLETT-PACKARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FURTHERMORE, SINCE THE SOFTWARE IS PROVIDED WITHOUT CHARGE, YOU AGREE
THAT THERE HAS BEEN NO BARGAIN MADE FOR ANY ASSUMPTIONS OF LIABILITY OR DAMAGES
BY HEWLETT-PACKARD FOR ANY REASON WHATSOEVER, RELATING TO THE SOFTWARE OR ITS
MEDIA, AND YOU HEREBY WAIVE ANY CLAIM IN THIS REGARD.
6. Termination. This
Agreement is effective until terminated. You may terminate this Agreement at any
time by destroying all copies of Software. This Agreement will terminate
immediately without notice from Hewlett-Packard if you fail to comply with any
provision of this Agreement. Upon Termination, you must destroy all copies of
Regulations. The Software and technical data delivered under this Agreement are
subject to US export control laws and may be subject to export or import
regulations in other countries. You agree to comply strictly with all such laws
and regulations and acknowledge that you have the responsibility to obtain such
licenses to export, re-export, or import as may be required after delivery to
8. U.S. Government
Restricted Rights. Use, duplication, or disclosure by the U.S. Government is
subject to restrictions set forth in this Agreement and as provided in DFARS
227.7202-1 (a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(Oct
1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14(ALT
III) (June 1987), as applicable.
9. Governing Law.
Any action related to this Agreement will be governed by California law and
controlling U.S. federal law. No choice of law rules of any jurisdiction will
10. Severability. If
any provision of this Agreement is held to be unenforceable, This Agreement will
remain in effect with the provision omitted, unless omission would frustrate the
intent of the parties, in which case this Agreement will immediately terminate.
This Agreement is the entire agreement between you and Hewlett-Packard relating
to its subject matter. It supersedes all prior or contemporaneous oral or
written communications, proposals, representations and warranties and prevails
over any conflicting or additional terms of any quote, order, acknowledgment, or
other communication between the parties relating to its subject matter during
the term of this Agreement. No modification of this Agreement will be binding,
unless in writing and signed by an authorized representative of each party.
For inquiries please
contact: Hewlett-Packard Company