Autorizaciones de licencia adicionales para HPE Networking Instant On Términos y condiciones

1. Applicability. This end user license agreement (the "Agreement") governs the use of accompanying software, unless it is subject to a separate agreement between you and Hewlett Packard Enterprise Company and its subsidiaries (“HPE”). By downloading, copying, or using the software you agree to this Agreement. HPE provides translations of this Agreement in certain languages other than English, which may be found at: http://www.hpe.com/software/SWLicensing.
2. Terms. This Agreement includes supporting material accompanying the software or referenced by HPE, which may be software license information, additional license authorizations, software specifications, published warranties, supplier terms, open source software licenses and similar content ("Supporting Material"). Additional license authorizations are at: http://www.hpe.com/software/SWLicensing.
3. Authorization. If you agree to this Agreement on behalf of another person or entity, you warrant you have authority to do so.
4. Consumer Rights. If you obtained software as a consumer, nothing in this Agreement affects your statutory rights.
5. Electronic Delivery. HPE may elect to deliver software and related software product or license information by electronic transmission or download.
6. License Grant. If you abide by this Agreement, HPE grants you a non-exclusive non-transferable license to use one copy of the version or release of the accompanying software for your internal purposes only, and is subject to any specific software licensing information that is in the software product or its Supporting Material.

   Your use is subject to the following restrictions, unless specifically allowed in Supporting Material:

   • You may not use software to provide services to third parties.
   • You may not make copies and distribute, resell or sublicense software to third parties.
   • You may not download and use patches, enhancements, bug fixes, or similar updates unless you have a license to the underlying software. However, such license doesn't automatically give you a right to receive such updates and HPE reserves the right to make such updates only available to customers with support contracts.
   • You may not copy software or make it available on a public or external distributed network.
   • You may not allow access on an intranet unless it is restricted to authorized users.
   • You may make one copy of the software for archival purposes or when it is an essential step in authorized use.
   • You may not modify, reverse engineer, disassemble, decrypt, decompile or make derivative works of software. If you have a mandatory right to do so under statute, you must inform HPE in writing about such modifications.
7. Remote Monitoring. Some software may require keys or other technical protection measures and HPE may monitor your compliance with the Agreement, remotely or otherwise. If HPE makes a license management program for recording and reporting license usage information, you will use such program no later than 180 days from the date it's made available.
8. No transfer of ownership of any intellectual property will occur under this Agreement.
9. Copyright Notices. You must reproduce copyright notices on software and documentation for authorized copies.
10. Operating Systems. Operating system software may only be used on approved hardware and configurations.
11. 90-day Limited Warranty for HPE Software.
    • HPE-branded software materially conforms to its specifications, if any, and is free of malware at the time of delivery; if you notify HPE within 90 days of delivery of non-conformance to this warranty, HPE will replace your copy. This Agreement states all remedies for warranty claims.
    • HPE does not warrant that the operation of software will be uninterrupted or error free, or that software will operate in hardware and software combinations other than as authorized by HPE in Supporting Material. To the extent permitted by law, HPE disclaims all other warranties.
12. Intellectual Property Rights Infringement. HPE will defend and/or settle any claims against you that allege that HPE-branded software as supplied under this Agreement infringes the intellectual property rights of a third party. HPE will rely on your prompt notification of the claim and cooperation with our defense. HPE may modify the software so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to you the amount paid for the affected product in the first year or the depreciated value thereafter. HPE is not responsible for claims resulting from any unauthorized use of the software.
13. Limitation of Liability. HPE's liability to you under this Agreement is limited to the amount actually paid by you to HPE for the relevant software, except for amounts in Section 12 ("Intellectual Property Rights Infringement"). Neither you nor HPE will be liable for lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages. This provision does not limit either party's liability for: unauthorized use of intellectual property, death or bodily injury caused by their negligence; acts of fraud; willful repudiation of the Agreement; or any liability that may not be excluded or limited by applicable law.
14. Termination. This Agreement is effective until terminated or in the case of a limited-term license, upon expiration; however, your rights under this Agreement terminate if you fail to comply with it. Immediately upon termination or expiration, you will destroy the software and documentation and any copies, or return them to HPE. You may keep one copy of software and documentation for archival purposes. We may ask you to certify in writing you have complied with this section. Warranty disclaimers, the limitation of liability, this section on termination, and Section 15 ("General") will survive termination.
15. 1. Assignment. You may not assign this Agreement without prior written consent of HPE, payment of transfer fees and compliance with HPE's software license transfer policies. Authorized assignments will terminate your license to the software and you must deliver software and documentation and copies thereof to the assignee. The assignee will agree in writing to this Agreement. You may only transfer firmware if you transfer associated hardware.
    2. S. Government. If the software is licensed to you for use in the performance of a U.S. Government prime contract or subcontract, you agree that, consistent with FAR 12.211 and 12.212, commercial computer software, computer software documentation and technical data for commercial items are licensed under HPE's standard commercial license.
    3. Global Trade Compliance. You agree to comply with the trade-related laws and regulations of the U.S. and other national governments. If you export, import or otherwise transfer products provided under this Agreement, you will be responsible for obtaining any required export or import authorizations. You confirm that you are not located in a country that is subject to trade control sanctions (currently Cuba, Iran, N. Korea, N. Sudan, and Syria) and further agree that you will not retransfer the products to any such country. HPE may suspend its performance under this Agreement to the extent required by laws applicable to either party.
    4. Audit. HPE may audit you for compliance with the software license terms. Upon reasonable notice, HPE may conduct an audit during normal business hours (with the auditor's costs being at HPE's expense). If an audit reveals underpayments then you will pay to HPE such underpayments. If underpayments discovered exceed five (5) percent, you will reimburse HPE for the auditor costs.
    5. Open Source Components. To the extent the Supporting Material includes open source licenses, such licenses shall control over this Agreement with respect to the particular open source component. To the extent Supporting Material includes the GNU General Public License or the GNU Lesser General Public License: (a) the software includes a copy of the source code; or (b) if you downloaded the software from a website, a copy of the source code is available on the same website; or (c) if you send HPE written notice, HPE will send you a copy of the source code for a reasonable fee.
    6. Notices. Written notices under this Agreement may be provided to HPE via the method provided in the Supporting Material.
    7. Governing Law. This Agreement will be governed by the laws of the state of California, U.S.A., excluding rules as to choice and conflict of law. You and HPE agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
    8. Force Majeure. Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control,except for payment obligations.
    9. Entire Agreement. This Agreement represents our entire understanding with respect to its subject matter and supersedes any previous communication or agreements that may exist. Modifications to the Agreement will be made only through a written amendment signed by both parties. If HPE doesn't exercise its rights under this Agreement, such delay is not a waiver of its rights.
16. Australian Consumers. If you acquired the software as a consumer within the meaning of the 'Australian Consumer Law' under the Australian Competition and Consumer Act2010 (Cth) then despite any other provision of this Agreement, the terms at this URL apply: http://www.hpe.com/software/SWLicensing.
17. Russian Consumers. If you are based in the Russian Federation and the rights to use the software are provided to you under a separate license and/or sublicense agreement concluded between you and a duly authorized HPE partner, then this Agreement shall not be applicable.

Additional License Authorizations Instant On Terms and Conditions

YOU (“CUSTOMER”) SHOULD CAREFULLY READ THE FOLLOWING TERMS BEFORE USE OF THE SOFTWARE MADE AVAILABLE FROM THE APPLICABLE HEWLETT PACKARD ENTERPRISE ENTITY (“ARUBA”). USE OF THE SOFTWARE SHALL BE DEEMED TO CONFIRM YOUR ACCEPTANCE OF THESE TERMS.

These Instant On Terms and Conditions (the “Instant On Terms and Conditions”) supplements the End User License Agreement (the “EULA”). In the event of any conflict between the Instant On Terms and Conditions and any other agreement between ARUBA and Customer, the Instant On Terms and Conditions will prevail. Capitalized terms not otherwise defined in these Instant On Terms and Conditions are defined in the EULA.

1. Customer shall not disclose any information relating to the performance or operation of the Instant On cloud-based software (“Software”) (including any benchmarking or other testing results) to any third party without the express prior written consent of ARUBA. Customer may not engage a third party to perform security testing on the Software unless that third party enters into a written non-disclosure agreement directly with ARUBA.
2. Customer understands and agrees that Software may be designed to automatically communicate certain network parameters and other information about the Software and their performance back to ARUBA. ARUBA will not use any information gathered in this manner for any other purpose.
3. If, in the course of the Software license, ARUBA processes Customer Personal Data (as defined below), ARUBA shall process such Customer Personal Data only as permitted under this Instant On Terms and Conditions and the EULA,and in compliance with applicable data protection legislation to which ARUBA is subject as a service provider and processor of Customer Personal Data, and in accordance with the then current Data Privacy and Security Agreement (“DPSA”), which is incorporated into this Agreement by reference herein.
4. ARUBA implements appropriate technical and organizational measures to protect Customer’s data, including Personal Data.
5. For non-HPE/Aruba software or portions of software, the applicable third party’s license terms will govern its use. Table 1 below lists the open source software components and respective licenses included in HP OneView as of the date of this ALA. In addition to the following open source licenses referenced and contained in this document, Customer may also obtain license information documents for certain Hewlett Packard Enterprise products and solutions that use open source software at http://www.hpe.com/software/opensource.

Table 1: Aruba Instant On open source modules

6. ARUBA’s support services will be described in the applicable Supporting Material, which will cover the description of ARUBA’s offering, eligibility requirements, service limitations and Customer responsibilities, as well as the Customer systems supported. ARUBA’s service, support and warranty commitments do not cover claims resulting from: (i) improper use, site preparation, or site or environmental conditions or other non-compliance with applicable Supporting Material; (ii) modifications or improper system maintenance or calibration not performed by ARUBA or authorized by ARUBA; (iii) failure or functional limitations of any non-HPE/Aruba software or product impacting systems receiving ARUBA support or service; (iv) malware (e.g. virus, worm, etc.) not introduced by ARUBA; or (v) abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond ARUBA’s control. Support services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and ARUBA will re-perform any service that fails to meet this standard.

7. Customer agrees that any suggestions, comments or other feedback provided by Customer to HPE or its licensors with respect to the Software and any intellectual property rights relating to the foregoing shall be collectively deemed “Feedback”. Customer assigns and agrees to assign to HPE all Customer’s right, title and interest in and to Feedback, including but not limited to its intellectual property rights therein. Customer agrees to execute and to obtain execution of any documents necessary to accomplish the intent of this Section, including assignments and recordals, without charge to HPE, and names HPE as its agent for the sole purpose of executing such documents should Customer fail to execute them in a timely manner. Customer grants to HPE and its subsidiaries a perpetual, non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, under Customer’s intellectual property rights, to implement, use, make, have made, sell, offer for sale, import, copy, modify, create derivative works, distribute and disclose, without restriction, any Feedback that is not assigned to HPE pursuant to this Section.

8. WARRANTIES DO NOT COVER DAMAGE DUE TO EXTERNAL CAUSES, SUCH AS ACCIDENT, ABUSE, PROBLEMS WITH ELECTRICAL POWER, SERVICE NOT PERFORMED OR AUTHORIZED BY HPE (INCLUDING INSTALLATION OR DE-INSTALLATION), USAGE NOT IN ACCORDANCE WITH THE DOCUMENTATION, NORMAL WEAR AND TEAR, OR USE OF PARTS AND COMPONENTS NOT INTENDED FOR USE WITH THE PRODUCTS. IF HPE PROVIDES CUSTOMER WITH A FREE-OF-CHARGE PRODUCT, INCLUDING BUT NOT LIMITED TO PRODUCT PROVIDED ON AN EVALUATION OR “FREEMIUM” BASIS, HPE PRODUCT IS PROVIDED “AS IS” AND TO THE EXTENT PERMITTED BY LAW, HPE DISCLAIMS ALL WARRANTIES AND LIABILITY, AND HPE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO CUSTOMER, ITS CUSTOMERS, OR ANY THIRD PARTIES CAUSED BY THE PRODUCT MADE AVAILABLE TO THE CUSTOMER.

9. No High Risk Activities. The Software is not designed, manufactured or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or aircraft communications systems, air traffic control, life support systems, human implantation, nuclear facilities or systems or weapons systems, or any other application known to Customer where product failure would lead to loss of life or catastrophic property damage, in which the failure could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Accordingly HPE and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities and Customer represents, warrants, and covenants that Customer will not use Products for High Risk Activities.

Aruba Instant On Community Terms and Conditions

These Aruba Instant On Community Terms and Conditions (the “Instant On Community Terms and Conditions”) are supplements the End User License Agreement (the “EULA”) and will govern Customer use of the Aruba Instant On Community web site.

Use of Web Site Information
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for informational purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of Aruba Networks.

In your access and use of the Site or Documents, you may not (a) copy, print (except for the express limited purpose permitted by Section 1 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Documents retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any content and/or Documents from the Site; (d) use any content or Documents from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; or (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations.

Restrictions on Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Aruba Networks. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.

Passwords and Security
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network.

You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Aruba Networks immediately of any unauthorized use of your password(s). Aruba Networks is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorized access to that information.

Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Aruba Networks is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Aruba Networks is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Aruba Networks is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Aruba Networks is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, DOCUMENTS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARUBA NETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARUBA NETWORKS MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ARUBA NETWORKS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

ARUBA NETWORKS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.

Limitation of Liability
IN NO EVENT SHALL ARUBA NETWORKS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity
You agree to defend, indemnify and hold harmless Aruba Networks, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.

Privacy Policy
Aruba Networks is concerned about your privacy and has developed a policy to address privacy concerns which is incorporated as a part of these Terms of Use. You must review and accept the Privacy Policy as a condition to your use of the Site. You can find the current privacy policy at https://www.hpe.com/mx/es/legal/privacy.html.

Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Aruba Networks in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.

Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Santa Clara County, California. You and Aruba Networks agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Copyright/Trademark Information
The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of Aruba Networks, Inc. or other third parties. Users are not permitted to use these Marks without the prior written consent of Aruba Networks, Inc. or such third party which may own the Mark.

Aruba Networks, Inc.’s Marks are valuable assets of the company that signify Aruba Networks, Inc.’s cutting edge, innovative, and high-quality products. The following is a list of Aruba Networks, Inc.’s Marks in the United States and certain other countries. This list may not necessarily be complete and all-inclusive. The absence of any mark from this list does not mean that it is not an Aruba Networks, Inc. mark.

Aruba Networks®, Aruba The Mobile Edge Company® (stylized), People Move Networks Must Follow®, Mobile Edge Architecture®, RFProtect®, Green Island®, ClientMatch®, Aruba Central®, Aruba Mobility Management System™, ETips™, Virtual Intranet Access™, Aruba Instant™, ArubaOS™, xSec™, ServiceEdge™, Aruba ClearPass Access Management System™, AirMesh™, AirWave™, Aruba@Work™, Cloud WiFi™, Aruba Cloud™, Adaptive Radio Management™, Mobility-Defined Networks™, Meridian™ and ArubaCare^SM are Marks of Aruba Networks, Inc. in the United States and certain other countries. This list may not necessarily be complete and all-inclusive.

©2015 Aruba Networks, Inc.

Miscellaneous
The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against any party. These Terms of Use and all incorporated agreements and your information may be automatically assigned by Aruba Networks in its sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Aruba Networks’ failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Aruba Networks’ rights under these Terms of Use shall survive termination.

More Information
If you have any questions regarding these Terms of Use or any other questions regarding the Site, please contact Aruba at arubawebmasters@hpe.com