TERMS OF SERVICE
These terms of service, together with any other agreements or terms
incorporated by reference, including the HP Privacy
Statement (the "Terms") govern your use of the Services. These Terms constitute a binding and
enforceable legal contract between HP and You. By accepting these Terms electronically by clicking a box indicating
your acceptance, or by using the Services, you agree to these Terms. If you are entering into these Terms on behalf of
a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to
these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity that you
represent does not agree with these Terms, you must not accept these Terms or use the Services.
- Definitions
- "Account" means an online account registered by you for the purpose of using the Services.
- "Additional Services" means Services that You purchase, as distinguished from the Services
which are provided for free, and may include an increase in the storage space and other premium services and
functions. HP may, at its discretion, decide that Services which have heretofore been available without charge
shall become Additional Services which are provided for a fee and such change shall become effective upon
posting on the PrintOS website as set out in Section 14.2.
- "Connected Devices" means the presses and printing equipment, DFEs and RIPs and finishing
equipment which You connected to the Platform and with respect to which Services are provided.
- "Content" means any files, data, material and information submitted, uploaded and stored by
You and Your clients through the Service.
- "Platform" means the PrintOS online solution for businesses to perform and manage print
production operations, including the receipt, management and printing of jobs, as well as the management of
presses, printers and other Connected Devices, and services supplied hereunder with respect to such Connected
Devices.
- "Services" means any applications, products, services (including any Additional Services, to
the extent applicable), documentation, and software made available through the Platform.
- "Third Party Products" means any service, products, software or application
that is provided with a third party and interoperates with a Service. Such Third Party Products may be offered
via a dedicated website.
- "User Data" means data relating to Your use of the Platform, the Connected Devices and
Services, including but not limited to information related to:
- Your contact and payment information, including email addresses, phone number and credit card or other
payment remittance information; You are responsible for ensuring that payment information that is exchanged
between You and your clients is not transmitted over the Platform.
- print job orders and job creation,
- Your Connected Devices, devices and supplies use and utilization information, sensor activity, statistical
data, device generated reports and job ticket parameters,
- number of interactions between You and print buyers, timing of order placement-to-production cycle, order
file replacement occurrences, preflight results including preflight failure,
- settings, preferences chosen, and resource usage,
- free text submitted by You (to enable HP, its Authorized Business Partners and You to identify specific
print jobs for support and servicing), and video sessions recorded during provision of support services.
- Data voluntarily uploaded as an operator to include name and photo
- "We", "Us", "HP" or "Our" is defined as HP
Inc.
- "You" or "Customer" means the company or other legal entity and its
affiliates for which you are accepting these Terms.
- The Services
- Registration. Following the initial registration of an Account you will have the ability to
access the Platform and use the Services in conjunction with Connected Devices solely for the purpose of your
business activity. We may update the Services from time to time, including adding or removing functions.
- Software. Some Services may require you to download software. Additionally, in order to
enhance and optimize the performance of the Connected Devices with the Platform we will from time to time
automatically download service packs to your Connected Devices and install certain software which is required to
enable us to provide you with such use. Following the installation of the PrintOS service packs, you will be
able to enjoy enhanced features in PrintOS. Subject to your compliance with these Terms, we grant you a limited,
nonexclusive, nontransferable, revocable license to use such software. If any software is offered under an open
source license, we will make the license available to you and the provisions of that license shall apply
notwithstanding any provisions to the contrary under these Terms. The library of open source licenses may be
viewed here.
- Charges. Using the Services, other than Additional Services, is made available to you free of
charge. We may charge you for Additional Services. If we charge any fees for Additional Services, the charges
for such Additional Services, and any terms and conditions applicable thereto will be detailed in the applicable
online description of such Additional Service.
- Service Providers. We may use channel partners (where products are sold or supported through
such partners) or third parties in the operation of our Services or to perform any of our obligations (each a
"Service Provider"), including using Service Providers for cloud infrastructure and hosting
services. In order for our Service Providers to be able to provide you with certain aspects of the Services, we
may share your data or Content with such Service Provider. Our agreements with Service Providers outline the
appropriate use and handling of this information and prohibit the Service Provider from using any of your
information for purposes unrelated to the Services.
- Certain Services available on the Platform may grant Third Parties beneficiary rights under this Agreement as
specified in Appendix A below.
- Registration and User Account
- Establishing an Account. You must register and establish an Account in order to use our
Services. Connected Devices may require registration, installation of necessary software or action on your part,
to enable the activation of Services in relation to such Connected Devices. You may elect to have multiple
Accounts; each Connected Device may only be registered to one Account at any given time.
- Account Information. You must safeguard and not disclose your Account username and password
and you must supervise the use of such Account. You must provide us accurate and complete information in order
to create an Account, including details of the Connected Devices that are linked to the Account. You agree to
keep your Account information up to date and accurate, including with regard to Connected Devices. Any Services
provided in connection with Connected Devices associated with Your Account will be charged to your Account. YOU
ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. YOU
ARE SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. You must notify us immediately
of any unauthorized use of your Account or any other breach of security.
- Administrator. When you initially register for and create an Account, you are, or a party
that you authorize is, the administrator ("Administrator"). Administrators may authorize
additional individuals to access the Services through the same Account ("Users"). Users may
include, for example, your employees, contractors and agents. These Terms apply to any User of the Services.
- Access Rights. The Administrator is responsible for Users' access to the Services. Depending
on the types of access rights the Administrator grants to Users, Users may be able to add or remove Connected
Devices, delete, copy, or view the Content and data accessible in your Account and subscribe or unsubscribe to
Additional Services. The Administrator is solely responsible for the access to the Services granted to Users and
it is the Administrator's sole responsibility to add or remove access rights to Users. We are not responsible
for the internal management or administration of the Services. You are responsible for Users' compliance with
these Terms. A violation of any provision of these Terms by a User may result in the termination of an
Administrator's or any User's access to the Services. If you choose to close or terminate your access to a
Service or Additional Service, Users will no longer be able to access such Service or any of the Content within
such Service. HP may from time to time send you communications, unless you have opted not to receive them.
- Deletion of Account. You may delete your Account at any time. Any Content and other
information and data entered into the Services may be permanently deleted if you delete the Account.
- Use of Data. HP may collect User Data, and You hereby grants HP permission to collect User
Data available on the Platform and to use such User Data to improve the Platform performance and functionality
and improve services and support to HP customers and for other business purposes including monitoring,
statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary
solutions usage, security and software integrity assurance, remote control and support and click performance
tracking and billing. HP may use Google Analytics in performing the above. HP does not provide an opt-out option
from the use of Google Analytics and therefore You should refrain from registering for PrintOS if You do not
agree to the use of Google Analytics in connection with the User Data. Learn more about Google Analytics at https://www.google.com/policies/privacy/partners/.
By
uploading any user data you agree that you have consent from the individuals to add their name and or photo as an operator.
Where
applicable, User Data collected by HP will be shared with You or any Service Provider who may, directly or
indirectly, provide You with support or other supplementary services in connection with the Services or
Connected Devices. HP may further use User Data (i) to respond to duly authorized information requests of
police, law enforcement, or other governmental authorities; (ii) to comply with any applicable law, regulation,
subpoena, discovery request or court order; (iii) to investigate and help prevent security threats, fraud, or
other illegal, malicious, or inappropriate activity; or (iv) to enforce/protect the rights and properties of HP
or its affiliates or subsidiaries.
Pusher Ltd. collects some personal data in order to provide a
service related to PrintOS. That data will be collected in accordance to Pusher Ltd's Privacy Policy located at
pusher.com/legal/privacy-policy. Some data may be shared with HP for
purposes of diagnostics and troubleshooting. Any data shared with HP will be subject to HP's Privacy Statement
located at www.hp.com/go/privacy.
HP's Privacy Statement at
http://www8.hp.com/us/en/privacy/privacy.html governs the collection and use of any personal data. By using
PrintOS you agree to the terms of the HP Privacy Statement.
- Mobile App. By installing or using the PrintOS App for
Android or iOS and any updates to such App (hereinafter: the "App") you agree to be bound by
the respective license terms appearing below.
- Remote Support. Remote technical support is made available through the Help Menu. HP will
make reasonable efforts to respond to any problems reported through the Help Menu within two (2) business days.
- Your Content
- License to Content. You grant us a worldwide, non-exclusive license to host, copy and use
your Content as required in order to provide You with the Services. Subject to this limited license we do not
acquire any right in your Content and You or your licensors retain all rights and ownership to your Content. You
warrant that You have full rights to provide to us any Content that You provide through the Services. We have
policies in place to limit the access of our employees to Content. Where policies permit access to the Content,
it is only for the purpose of providing the Services and supporting You in your use of the Services.
- Responsibility for Content. The Services are not intended to be used as storage, backup or
archiving services. It is your responsibility to back up your Content and you are responsible for any lost or
unrecoverable Content.
- OTHER PRODUCTS AND SERVICES
We or a third party may make available Third Party Products. We
will not be responsible for any act or omission of the third party that provides the Third Party Products, including
the third party's access to or use of Content, and we do not warrant or support any Third Party Products.
- Fees and Payment
- Payment Terms. You will pay, and You authorize HP or any of HP's resellers to charge using
your selected payment method for, all fees with respect to Additional Services subscribed to by You. Fees are
non-refundable except as required by law. Charges will be made either in advance or in arrears as provided in
the additional terms applicable to Additional Services, and either monthly, annually or any other billing
frequency offered by HP and selected by You. We will automatically renew your subscription to any Additional
Services for the same subscription period. To cancel such automatic renewal you must unsubscribe to such
Additional Service at least 10 days prior to the end of the applicable subscription period, or as otherwise
stated in the online description of the Additional Services.
- Billing Information. You are responsible for providing complete and accurate billing and
contact information and to update us of any changes to such information. Billing may be performed by a third
party service provider of HP. We may suspend or terminate the Services if fees are past due.
- Taxes. Our fees do not include taxes, levies or duties, such as value added tax, sales or use
tax and any other similar charges. We will charge tax if we are required to do so.
- Use Obligations and Restrictions
- Obligations. You agree to do each of the following in connection with your use of the
Services: (i) comply with all applicable laws, rules and regulations, including those regarding data privacy,
intellectual property rights and export control; (ii) pay the fees for the Services, if applicable, when due;
(iii) use reasonable security precautions for providing access to the Services by your Users, customers or other
individuals to whom You provide access; (iv) for 3D Connected Devices, comply with the terms and conditions of
the 3DP End User License Agreement contained hereinbelow.
- Restrictions. You must not misuse the Services. For example, you may not, whether by yourself
or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by
any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put
into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content
which is unlawful, infringing, harmful or which violates any person's rights, including privacy rights and
intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; or (e)
reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
- Intellectual Property Rights
- Retention of Rights. All rights not expressly granted to You under these Terms are reserved
by HP and its licensors. We and our licensors reserve all rights, title and interest to the Services, the
Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or
to HP's intellectual property rights. Nothing in the Terms constitutes a waiver of HP's Intellectual Property
Rights under any law.
- Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"),
you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the
Feedback into the Services or any of our current or future products or services.
- Indemnification
You will indemnify, defend, and hold harmless HP, its affiliates, resellers,
employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and
costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party
alleging that your Content or your use of the Services infringes or misappropriates a third party's intellectual
property rights or violates applicable law or that your use of the Services is in violation of these Terms.
- Disclaimers of Warranties
- THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND HP DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF
NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE
DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
- OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED,
WITHOUT ERROR, OR FREE OF DEFECTS.
- Limitation of Liability
- IN NO EVENT WILL HP BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF
PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR
RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT, OR OTHERWISE) AND EVEN IF HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT WILL HP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO
THE SERVICES EXCEED AN AMOUNT GREATER OF (I) US$100.00 OR (II) THE FEES PAID BY YOU FOR THE SERVICES GIVING RISE
TO THE CLAIM IN THE 12 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
- THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
- Term and Termination
- Term. These Terms commence on the date you first accept them and will remain in effect until
your subscription to the Services expires or terminates, or until these Terms are terminated.
- Termination. You may stop using the Services at any time and you may delete your Account. We
may suspend or terminate your access to the Services at any time at our discretion and without notice if You do
not comply with these Terms. Upon termination of the Services to You, the Account will be terminated, and from
the date of termination You will no longer be able to access your Account.
- Survival. The provisions of these Terms that, by their nature and content, must survive the
termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without
limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties,
Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or
expiration of the Terms.
- Governing Law and Jurisdiction
These Terms are governed by the laws of the state of
California excluding rules as to choice and conflicts of law and the courts in the state of California will have
jurisdiction; however, HP or its Affiliate may bring suit for payment in the country where Your entity is located.
In the event that the Services shall be provided in China, these Terms should be governed by Chinese laws and the
courts in China will have jurisdiction. You and HP agree that the United Nations Convention on Contracts for the
International Sale of Goods will not apply.
- General
- Export Restrictions. The Services may be subject to export laws and regulations of the United
States and other jurisdictions. You will not permit Users to access or use the Services in any country which is
subject to an embargo by the United States and shall not use the Services in violation of any other export
restriction. In addition, You shall not provide the Services to persons on the United States Table of Denial
Orders, the Entity List, or the List of Specially Designated Nationals.
- Changes to Terms. HP may change the Terms from time to time, and
such change will become effective fifteen (15) days after the date on which it is posted on the PrintOS website.
Notice of changes to these Terms will be provided to the Administrator. By continuing to access or use the
Services you agree to be bound by the revised Terms.
- Severability. If any part of these Terms is deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not
affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the
part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect,
as closely as possible, the original intent of the parties.
- Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be
construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
- Relationship. Nothing in these Terms shall be construed as creating any agency, partnership,
trust arrangement, fiduciary relationship or any other form of joint enterprise between you and HP.
- Entire Agreement. These Terms contain the entire agreement between HP and You relating to
your use of the Services and supersedes any and all prior agreements between HP and You in relation to the same.
You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has
expressly been made by HP in these Terms.
- Assignment. You may not assign your rights or delegate your obligations under these Terms
without HP's prior written consent. Any purported assignment contrary to this section will be null and void. HP
may assign its obligations hereunder among the various HP entities within the HP Inc. group, by a change to the
definition of HP hereunder which change will become effective upon posting on the PrintOS website.
- No Third Party Rights. There are no third-party beneficiaries to these Terms. Without
limiting this section, Users are not third-party beneficiaries to your rights under these Terms.
Appendix A – Third Party Beneficiaries
- Adobe Systems Incorporated
END USER LICENSE AGREEMENT - PRINTOS APP FOR iOS
This is a legally binding license
agreement (the "License Agreement"). Please read it carefully. By clicking "I Agree" or installing or
using the PrintOS APP for iOS and any updates to such App (collectively, the "App") provided by HP
Inc. ("HP"), you agree to these terms.
- General Terms
- License Grant. Subject to the terms herein, HP hereby grants you a limited, personal, non-exclusive,
non-transferable, non sub-licensable right to install and use the App solely on the device to which the App was
downloaded by you from the App Store (the "Device") and only for the purpose of providing you
with the Services through the Platform, as such terms are defined in the PrintOS Terms of Service (the "Terms
of Service"). Capitalized terms not defined herein shall have the meaning ascribed to them in the
Terms of Service. You shall be solely responsible to ensure that the App is properly installed and used. Use of
the App is subject to the Terms of Services which are hereby incorporated by reference.
- Authorized User. You: (a) agree to this License Agreement on behalf of the company or other legal entity with
which you are employed, affiliated, or associated (the "Customer"); (b) represent that you have
the authority to bind the Customer to this License Agreement; and (c) represent that you are an authorized User
of such Customer under the Terms of Service. If you do not have such authority, or are not an authorized User,
then you may not use the App.
- Prohibited Uses. Other than the rights explicitly granted in this Agreement, you shall have no other rights,
express or implied, in the App. Without limiting the generality of the foregoing, you agree and undertake not
to, and not to allow any third party to: (i) sell, lease, sublicense or distribute the App, or any part thereof,
or otherwise transfer the App; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to
human-perceivable form the App's source code and or any third party software provided by HP; (iii) modify,
revise, enhance, or alter the App; (iv) copy or allow copies of the App to be made, unless expressly permitted
herein; (v) represent that you possess any proprietary interest in the App; (vi) use the App in any illegal
manner or for unlawful purposes.
- Title & Ownership. The App is the property of HP or its licensors
and any disclosure or unauthorized use thereof will cause irreparable harm and loss to HP or its licensors. All
right, title and interest in and to the App, any derivatives thereof and modifications thereto, including
associated intellectual property rights, evidenced by or embodied in or attached/connected/related to the App,
are and will remain with HP or its licensors. This Agreement does not convey to you any interest in or to the
App, but only a limited right of use in accordance with the terms herein. Nothing in this License Agreement
constitutes a waiver of HP's or its licensors' intellectual property rights under any law.
- Third Party Software. The App may include third party component, which are made available pursuant to
different terms than those contained herein. Please see the User Guide for additional notices required by our
licensors.
- Data Collection & Processing. HP's Privacy Statement at http://www8.hp.com/us/en/privacy/privacy.html
governs the collection and use of any personal data. By using the App you agree to the terms of the HP Privacy
Statement.
- Warranty Disclaimer.
- THE APP IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, HP AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT
TO ANY DISSATISFACTION WITH THE APP IS TO IMMEDIATELY UNINSTALL THE APP AND CEASE USE OF THE APP. HP DOES NOT
REPRESENT OR WARRANT THAT THE APP WILL OPERATE CONTINUOUSLY, UNINTERRUPTED, OR BE ERROR-FREE.
- HP SHALL IN NO WAY BE LIABLE TO YOU IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING
TO THE APP OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR DEVICE OR YOUR ABILITY TO USE IT, AND
HP RESERVES THE RIGHT TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS (IF ANY) SAVE THAT HP IS NOT REQUIRED TO
PROVIDE ANY BACK UP NETWORK OR SYSTEMS OR SIMILAR SERVICES.
- Limitation of Liability. IN NO EVENT SHALL HP'S LIABILITY UNDER, ARISING OUT OF OR RELATING TO
THIS AGREEMENT, EXCEED AN AMOUNT OF $100. IN NO EVENT WILL HP BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA,
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE
AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEs.
- Term and Termination. HP may terminate this License Agreement at any time without cause without
any requirement of notice. In addition, this License Agreement shall terminate immediately and automatically upon
any termination or expiration of the Customer's subscription to the Service. Upon any such termination or
expiration, the Customer (including you) shall no longer be permitted to use the App, and shall delete all copies of
the App in its (including your) possession. Termination of this License Agreement shall not entitle the Customer to
any refund, credit, or other compensation from HP under the Terms of Service or any other agreement or from any
third party.
- General. This Agreement constitutes the entire agreement between the parties and may not be
modified except by a written agreement signed by HP. If a court of competent jurisdiction finds any provision of
this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to
affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect. You
shall not assign this Agreement without HP's prior written approval, and any such purported assignment shall be null
void. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or
any other provision, and no waiver shall be effective unless made in writing and signed by an authorized
representative of the waiving party. This Agreement shall be governed by and construed in accordance with the laws
of the State of California and only the competent courts of California shall have jurisdiction over any dispute
arising from this Agreement. Sections and 2, 3, 4 and 5 shall survive the termination of this Agreement.
- Terms Required by Apple Inc.. Notwithstanding anything to the contrary set forth in this
Agreement, if you obtained a license to the App through the use of Apple's iTunes Store, the following additional
terms and conditions shall apply:
- Acknowledgement. You acknowledge that the Agreement is between the HP and you only, and that Apple Inc.
("Apple") is not a party to this Agreement. You acknowledge that the HP is solely responsible
for the App.
- Scope of License. Subject to your compliance with the terms and conditions of this Agreement, HP grants you a
non-exclusive, non-transferable license to use the App on any Apple product that you own or control and as
permitted by the Apple Usage Rules set forth in the terms and conditions applicable to the iTunes App Store
Usage Terms.
- Maintenance and Support. You acknowledge that Apple will not have any obligation whatsoever to provide any
maintenance or support with respect to the App.
- Warranty. You agree that HP shall be solely responsible for any product warranties, whether express or implied
by law, to the extent not effectively disclaimed in this Agreement. You acknowledge that, to the maximum extent
permitted by applicable law, Apple has no other warranty or obligation whatsoever with respect to the App and
all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty shall be the sole responsibility of HP, to the extent applicable.
- Product Claims. Both parties agree that it is HP, and not Apple, that is solely responsible for addressing any
claims made by you or any third party relating to the App or your possession and/or use of the App, including,
but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable
legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. Both parties acknowledge that in the event of any third party claim that the App
or your possession and use of the App infringes such third party's intellectual property rights, Apple will not
be responsible for the investigation, defense, settlement and discharge of any such intellectual property
infringement claim.
- Legal Compliance. You represent and warrant that: (a) you are not located in a country that is subject to a
U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country,
and (b) you are not listed on a U.S. Government list of prohibited or restricted parties.
- Third Party Beneficiary. Both parties acknowledge and agree that Apple and its subsidiaries are third party
beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement,
Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you
as a third party beneficiary thereof.
Third Party Libraries:
END USER LICENSE AGREEMENT – PRINTOS FOR ANDROID
This is a legally binding license
agreement (the "License Agreement"). Please read it carefully. By clicking "I Agree" or installing or
using the PrintOS APP for Android and any updates to such App (collectively, the "App") provided by
HP Inc. ("HP"), you agree to these terms.
- General Terms
- License Grant. Subject to the terms herein, HP hereby grants you a limited, personal, non-exclusive,
non-transferable, non sub-licensable right to install and use the App solely on the device to which the App was
downloaded by you from Google Play (the "Device") and only for the purpose of providing you
with the Services through the Platform, as such terms are defined in the PrintOS Terms of Service available (the
"Terms of Service"). Capitalized terms not defined herein shall have the meaning ascribed to
them in the Terms of Service. You shall be solely responsible to ensure that the App is properly installed and
used. Use of the App is subject to the Terms of Services which are hereby incorporated by reference.
- Authorized User. You: (a) agree to this License Agreement on behalf of the company or other legal entity with
which you are employed, affiliated, or associated (the "Customer"); (b) represent that you have
the authority to bind the Customer to this License Agreement; and (c) represent that you are an authorized User
of such Customer under the Terms of Service. If you do not have such authority, or are not an authorized User,
then you may not use the App.
- Prohibited Uses. Other than the rights explicitly granted in this Agreement, you shall have no other rights,
express or implied, in the App. Without limiting the generality of the foregoing, you agree and undertake not
to, and not to allow any third party to: (i) sell, lease, sublicense or distribute the App, or any part thereof,
or otherwise transfer the App; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to
human-perceivable form the App's source code and or any third party software provided by HP; (iii) modify,
revise, enhance, or alter the App; (iv) copy or allow copies of the App to be made, unless expressly permitted
herein; (v) represent that you possess any proprietary interest in the App; (vi) use the App in any illegal
manner or for unlawful purposes.
- Title & Ownership. The App is the property of HP or its licensors and any disclosure or
unauthorized use thereof will cause irreparable harm and loss to HP or its licensors. All right, title and
interest in and to the App, any derivatives thereof and modifications thereto, including associated intellectual
property rights, evidenced by or embodied in or attached/connected/related to the App, are and will remain with
HP or its licensors. This Agreement does not convey to you any interest in or to the App, but only a limited
right of use in accordance with the terms herein. Nothing in this License Agreement constitutes a waiver of HP's
or its licensors' intellectual property rights under any law.
- Third Party Software. The App may include third party component, which are made available pursuant to
different terms than those contained herein. Please see the User Guide for additional notices required by our
licensors.
- Data Collection & Processing. HP's Privacy Statement at http://www8.hp.com/us/en/privacy/privacy.html
governs the collection and use of any personal data. By using the App you agree to the terms of the HP Privacy
Statement.
- Warranty Disclaimer.
- THE APP IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, HP AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT
TO ANY DISSATISFACTION WITH THE APP IS TO IMMEDIATELY UNINSTALL THE APP AND CEASE USE OF THE APP. HP DOES NOT
REPRESENT OR WARRANT THAT THE APP WILL OPERATE CONTINUOUSLY, UNINTERRUPTED, OR BE ERROR-FREE.
- HP SHALL IN NO WAY BE LIABLE TO YOU IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING
TO THE APP OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR DEVICE OR YOUR ABILITY TO USE IT, AND
HP RESERVES THE RIGHT TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS (IF ANY) SAVE THAT HP IS NOT REQUIRED TO
PROVIDE ANY BACK UP NETWORK OR SYSTEMS OR SIMILAR SERVICES.
- Limitation of Liability. IN NO EVENT SHALL HP'S LIABILITY UNDER, ARISING OUT OF OR RELATING TO
THIS AGREEMENT, EXCEED AN AMOUNT OF $100. IN NO EVENT WILL HP BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA,
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE
AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT HP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEs.
- Term and Termination. HP may terminate this License Agreement at any time without cause without
any requirement of notice. In addition, this License Agreement shall terminate immediately and automatically upon
any termination or expiration of the Customer's subscription to the Service. Upon any such termination or
expiration, the Customer (including you) shall no longer be permitted to use the App, and shall delete all copies of
the App in its (including your) possession. Termination of this License Agreement shall not entitle the Customer to
any refund, credit, or other compensation from HP under the Terms of Service or any other agreement or from any
third party.
- General. This Agreement constitutes the entire agreement between the parties and may not be
modified except by a written agreement signed by HP. If a court of competent jurisdiction finds any provision of
this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to
affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect. You
shall not assign this Agreement without HP's prior written approval, and any such purported assignment shall be null
void. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or
any other provision, and no waiver shall be effective unless made in writing and signed by an authorized
representative of the waiving party. This Agreement shall be governed by and construed in accordance with the laws
of the State of California and only the competent courts of California shall have jurisdiction over any dispute
arising from this Agreement. Sections and 2, 3, 4 and 5 shall survive the termination of this Agreement.
Third Party Libraries:
3DP End-User License Agreement
This End-User license Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) (“you” or “your”) and HP Inc. and its affiliates
("HP") that governs your use of the applicable software that you are seeking to access or use, which is installed on
or made available by HP (“Software Offering”) for use in connection with your computer or the HP 3D printer hardware
("HW Product"), and which is not otherwise subject to a separate license agreement between you and HP or its
suppliers. You represent and warrant that you have the right and authority (as well as the capacity—for example, you
are of sufficient legal age) to act on behalf of and bind any legal entity (if any) and yourself. Other software may
contain an EULA in its online documentation. The term "Software Offering" means computer software, regardless of
delivery model, and may include associated media, printed materials and "online" or electronic documentation.
An amendment or addendum to this EULA may accompany the HP HW Product.
RIGHTS IN THE SOFTWARE OFFERING ARE
OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING,
DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE OFFERING, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF
YOU DO NOT ACCEPT THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN/CANCEL THE SOFTWARE OFFERING WITHIN 14 DAYS OF
ACCESSING, DOWNLOADING OR PURCHASING FOR A REFUND, SUBJECT TO THE REFUND POLICY OF ANY HP RESELLER.
1.
GRANT OF LICENSE. HP grants you the following non-exclusive, non-sublicensable, and non-transferable rights
for the Term, provided you comply with all terms and conditions of this EULA and all Software Offering payment
obligations, if any:
a. Use. You may install, access or use the Software Offering only on those computers in
accordance with the Software Offering subscription or payment model you purchased. You may not separate component
parts of the Software Offering for use on more than one computer. You do not have the right to distribute the Software
Offering. You may load the Software Offering into your computer's temporary memory (RAM) for purposes of using the
Software Offering.
b. Storage. You may copy the Software Offering into the local memory or storage device of the
applicable HW Product.
c. Copying. You may make archival or back-up copies of the Software Offering, provided
the copy contains all of the original Software Offering's proprietary notices and that it is used only for back-up
purposes.
d. Reservation of Rights. HP and its suppliers reserve all rights not expressly granted to you in this
EULA.
e. Freeware. Notwithstanding the terms and conditions of this EULA, all or any portion of the Software
Offering 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.
f. Recovery Solution. Any software recovery solution provided with/for your HW 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 HW 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.
g. Eligibility. In
order to access, use and install the Software Offering, you must meet the following requirements:
1. Account.
You will need to register for a PrintOS account at https://www.printos.com/start/ (“Account”). You are responsible for
anyone who obtains, accesses or uses Software Offerings through your Account (including any authorized users).
2. HW Product. You will need to have a computer with Microsoft Windows operating system as well as an eligible HP 3D
printer (as detailed in the Software Offering product information) that is connected to such computer pursuant to the
connectivity requirements in the HP 3D printer user guide.
3. File Format. The Software Offering is only
compatible with the following file formats: 3MF (https://3mf.io/).
4. Calibration Profile. To use the Software
Offering, you will need to access a calibration profile to be provided by HP.
2. UPGRADES. To
use a Software Offering identified as an upgrade or update, you must first be licensed for the original Software
Offering identified by HP as eligible for the upgrade or update. After upgrading or updating, you may no longer use
the original Software Offering that formed the basis for your upgrade/update eligibility. By using the Software
Offering, you also agree that HP may automatically access your HW Product when connected to the internet to check the
version or status of certain Software Offerings and may automatically download and install upgrades or updates to such
Software Offerings on to your HW Product to provide new versions or updates required to maintain the functionality,
performance, or security of the HP Software and your HW Product 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. Upgrades to the
Software Offering may be subject to additional fees payable to HP.
3. ADDITIONAL SOFTWARE. This
EULA applies to updates or supplements to the original Software Offering 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. Restrictions. You may not rent, lease or lend the Software Offering or use the Software
Offering for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Software
Offering except as expressly provided in this EULA.
5. PROPRIETARY RIGHTS. All intellectual
property rights in the Software Offering and user documentation are owned by HP or its suppliers and are protected by
law, including but not limited to United States patent, 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 Offering.
6. LIMITATION ON REVERSE
ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Offering, 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 AND TERMINATION.
a. 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.
b. Termination. HP may terminate any or
all of your subscriptions or license to the Software Offering, and/or your Account, if: (i) you have no current paid
subscriptions or failed to timely pay any amounts (including fees and taxes) owing with respect to any Software
Offering or otherwise owing to HP; (ii) you (including any of your authorized users) are in material breach of this
EULA (or any other applicable terms) and fail to cure such breach within thirty (30) days after written notice of the
breach; (iii) the Software Offering is offered on a trial basis or is free, then HP may terminate for any reason upon
sixty (60) days’ notice to you; and/or (iv) you become subject to bankruptcy or insolvency proceedings, become
insolvent, make an arrangement with or affecting your creditors (including an assignment for the benefit of creditor)
or commence a process of liquidation.
c. Effect of Termination. Upon expiration or termination of the EULA for
any reason, your rights granted under this EULA with respect to that Software Offering will end. At that time, you
will stop all access to and use of the Software Offering (including all access and use by your authorized users) and
uninstall any and all copies related to such Software Offering (including any related software, documentation, APIs or
other material from HP). In addition, at HP’s request, you will destroy any such copies or return them to HP or the
reseller from which you acquired the Software Offering. You will retain proof that you returned or destroyed all such
copies. The following section(s) shall survive the termination or expiration of this EULA: Section 5, (Proprietary
Rights); Section 12, (Indemnity); Section 11, (Limitation of Liability); Section 10, (Warranty Disclaimers) and any
other provisions which by their nature should survive termination of the EULA.
8. CONSENT TO
COLLECTION/USE OF DATA.
a. Anonymous Technical Data. HP will use cookies and other web technology tools
to collect anonymous technical information related to the Software Offering and the HW Product. This data will be used
to provide the upgrades and related support or other services described in Section 2. HP will also collect personal
information including your Internet Protocol address or other unique identifier information associated with your
Software Offering and HW Product and data provided by you on registration of your Software Offering and HW Product. 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. Customer Software Data. HP may collect Customer Software Data. Customer Software Data
includes but is not limited to the following: job name; organization ID; installation ID; software version; CPU, GPU,
memory & OS of your computer; calibration time stamp; metadata about each 3D Digital Model, namely, center of
gravity, XYZ dimensions, number of triangles, volume, and surface area; calibration file parameter selected;
translation setting XYZ; geometrical descriptors; and logs. Customer Software Data does not include: design files,
part files, job contents, part geometries, thermal maps, user names or part names. Customer grants HP and/or an HP
authorized agent permission to remotely access, via the Software Offering, the Customer Software Data from the HW
Products. The Customer Software Data will be used by HP and/or an HP authorized agent for the purpose of: (1)
optimizing the quality of the 3D Printed Parts (defined below in Section 12); (2) calculating the printing costs of
the 3D Printed Parts; and (3) providing operational data of the HW Product. HP and/or HP authorized agents are
committed to protecting Customer Software Data and will take reasonable precautions to prevent unauthorized access or
disclosure and ensure the appropriate use of Customer Software Data.
c. Collection/Use by Third Parties.
Certain software programs included in your HP HW 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 HW 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. THIRD PARTY SOFTWARE. The Software Offering may include, in
addition to HP proprietary software (“HP Software”), software under licenses from third parties (“Third Party
Software” and “Third Party License”). Any Third Party Software is licensed to you subject to the terms and conditions
of the corresponding Third Party License. Generally, the Third Party License is located in a file such as license.txt;
you should contact HP support if you cannot find any Third Party License. If the Third Party Licenses include licenses
that provide for the availability of source code (such as the GNU General Public License) and the corresponding source
code is not included with the Software Offering, then check the product support pages of HP’s website (hp.com) to
learn how to obtain such source code
10. DISCLAIMER OF WARRANTIES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE OFFERING “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 OFFERING. 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. Any statements about the Software Offering (including any statements about its functionality, performance,
results, improvement to 3D Printed Parts’ quality or accuracy, and cost estimates of the 3D Printed Parts), or other
communications with you, that are not contained in this EULA are for information purposes only and do not constitute a
warranty, representation, condition or other commitment from HP. Without limitation as to the generality of the
foregoing, HP does not warrant or otherwise commit that (a) the Software Offering or the access thereto or use
thereof, will be available, uninterrupted, error-free, secure, accurate, reliable or complete, (b) the Software
Offering will meet any particular performance or availability criteria, (c) your content will not be lost or damaged
and/or (d) errors will be corrected or any particular support requests will be resolved to meet your needs.
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.
11. 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 Offering 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 OFFERING, 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.
12. INDEMNITY TO HP FOR 3D PRINTED
PARTS PRODUCED BY CUSTOMER FROM HP 3D PRINTER. You assume all risk relating to or arising from the 3D printed
parts produced from the HP HW Product (“3D Printed Parts”). HP shall have no responsibility for any loss or damage
caused by the 3D Printed Parts. You shall defend, indemnify and hold harmless HP from all third party claims, losses,
liabilities, costs, damages, judgments, awards, expenses (including but not limited to attorney’s fees, expert witness
fees, and bonds) arising out of your or your customers’ and/or partners’ or end user’s use, operation, distribution,
sale, marketing or possession of the 3D Printed Parts. HP shall provide prompt notification of the claim and
cooperation with the defense. Notwithstanding anything to the contrary contained herein or otherwise communicated to
you, you are solely responsible for the evaluation of and determination of the suitability and compliance with
applicable regulations of the HW Products and/or 3D Printed Parts for any use, especially for uses (including but not
limited to medical, dental, food contact, automotive, aerospace, heavy industry, and consumer products) that are
regulated by US, EU and other applicable governments.
13. 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.
14.
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 Offering 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.
15. RESPONSIBLE USE OF 3D PRINTING. You will exercise
appropriate policies to ensure that digital files are legally 3D printed in the applicable jurisdiction. You further
represent and warrant that if the digital file is for a legal firearm, you shall ensure: (1) the end user of the
resulting firearm 3D Printed Part is a licensed and regulated firearms manufacturer, (2) the resulting firearm 3D
Printed Part is detectable by airport or similar weapons/firearms security screening technology in accordance with US
and other applicable law, and (3) the resulting firearm 3D Printed Part is traceable by US and other applicable law
enforcement.
16. 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.
17. APPLICABLE LAW. This EULA is governed by the laws of the country in which
the equipment was purchased.
18. ENTIRE AGREEMENT. This EULA (including any addendum or
amendment to this EULA which is included with the HP HW Product) is the entire agreement between you and HP relating
to the Software Offering and it supersedes all prior or contemporaneous oral or written communications, proposals and
representations with respect to the Software Offering or any other subject matter covered by this EULA. To the extent
the terms of any HP policies or programs for software conflict with the terms of this EULA, the terms of this EULA
shall control.
© Copyright 2025 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 HW 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: October 2018
817678-001