HyperX EULA

This End-User license Agreement ("EULA") is a legal agreement between (a) you (either an individual or a single entity) and (b) HP Inc. ("HP") that governs your use of any Software Product, installed on or made available by HP for use as a standalone product or with your HP product ("HP Product") that is not otherwise subject to a separate license agreement between you and HP or its suppliers. The term "Software Product" includes application software, firmware, operating systems, drivers, and any other types of software and may include associated media, printed materials, and online or electronic documentation.

IN ADDITION TO THIS EULA, ADDITIONAL TERMS MAY APPLY, INCLUDING ANY THIRD-PARTY AGREEMENTS FOR THIRD PARTY SOFTWARE AVAILABLE ON THE HP PRODUCT OR WHEN USING THE SOFTWARE PRODUCT. YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY LICENSES WITHOUT ANY RESTRICTIONS TO ACCESS AND VIEW SUCH THIRD-PARTY SOFTWARE OR ASSOCIATED CONTENT. AN AMENDMENT OR ADDENDUM TO THIS EULA MAY ACCOMPANY THE HP PRODUCT OR THE SOFTWARE PRODUCT. IN THE EVENT OF A CONFLICT BETWEEN ANY SUCH AMENDMENT OR ADDENDUM AND THIS EULA, THE TERMS OF THE AMENDMENT OR ADDENDUM SHALL CONTROL AS TO THE SUBJECT MATTER CONTAINED THEREIN. YOU MAY ALSO BE REQUIRED TO ACCEPT OTHER TERMS IN SEPARATE AGREEMENTS THAT GOVERN YOUR USE OF THE SOFTWARE PRODUCT OR HP PRODUCT.

RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOUR SOLE REMEDY IS TO RETURN THE ENTIRE UNUSED PRODUCT (HARDWARE AND SOFTWARE) OR STOP USING AND CANCEL YOUR USE OF THE SOFTWARE WITHIN 14 DAYS FOR A REFUND SUBJECT TO THE REFUND POLICY OF YOUR PLACE OF PURCHASE.

THIS EULA IS A GLOBAL AGREEMENT AND IS NOT SPECIFIC TO ANY PARTICULAR COUNTRY, STATE OR TERRITORY. IF YOU ACQUIRED THE HP PRODUCT OR THE SOFTWARE PRODUCT AS A CONSUMER WITHIN THE MEANING OF RELEVANT CONSUMER LEGISLATION IN YOUR COUNTRY, STATE OR TERRITORY, THEN DESPITE ANYTHING TO THE CONTRARY IN THIS EULA, NOTHING IN THIS EULA AFFECTS ANY NON-EXCLUDABLE STATUTORY RIGHTS OR REMEDIES THAT YOU MAY HAVE UNDER SUCH CONSUMER LEGISLATION; THIS EULA IS SUBJECT TO THOSE RIGHTS AND REMEDIES.

1. GRANT OF LICENSE. HP grants you the following rights provided you comply with all terms and conditions of this EULA:

a. Use.

You may use the Software Product on a single HP Product. If the Software Product is provided to you via the internet and was originally licensed for use on more than one HP Product, you may install and use the Software Product only on those HP Products. You may not separate component parts of the Software Product for use on more than one HP Product. You do not have the right to distribute the Software Product. You may load the Software Product into your HP Product’s temporary memory (RAM) for purposes of using the Software Product.

b. Storage.

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

c. Copying.

You may make archival or back-up copies of the Software Product, provided the copy contains all of the original Software Product's proprietary notices and that it is used only for back-up purposes.

d. Reservation of Rights.

To the maximum extent permitted by applicable law, 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 Product which constitutes non-proprietary HP software or software provided under public license by third parties ("Freeware"), is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.

f. Recovery Solution.

Any software recovery solution provided with/for your HP Product, whether in the form of a hard disk drive-based solution, an external media-based recovery solution (e.g. CD or DVD) or an equivalent solution delivered in any other form, may only be used for restoring the hard disk of the HP Product with/for which the recovery solution was originally purchased. The use of any Microsoft operating system software contained in such recovery solution shall be governed by the Microsoft License Agreement.

2. UPGRADES. To use a Software Product identified as an upgrade, you must first be licensed for the original Software Product identified by HP as eligible for the upgrade. After upgrading, you may no longer use the original Software Product that formed the basis for your upgrade eligibility as a separate Software Product.

3. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements to the original Software Product provided by HP unless HP provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.

4. TRANSFER.

a. Third Party.

The initial user of the Software Product may make a one-time transfer of the Software Product to another end user. Any transfer must include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of the Software Product, your license is automatically terminated.

b. Restrictions.

You may not rent, lease, or lend the Software Product or use the Software Product for commercial timesharing or bureau use. You may not sublicense, assign, or transfer the license or Software Product except as expressly provided in this EULA.

c. HP Assignment.

HP may assign or transfer this EULA, or any right, license, privilege, or obligation provided herein without Your prior written consent.

5. PROPRIETARY RIGHTS. All intellectual property rights in the Software Product and user documentation are owned by HP or its suppliers and are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You shall not remove any product identification, copyright notices, or proprietary restrictions from the Software Product.

6. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly provided for in this EULA.

7. TERM. This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if you fail to comply with any term or condition of this EULA. Upon such termination, you shall cease all use of the Software Product. Any of your obligations under this EULA which by their nature are intended to survive the termination of this EULA or your use of the Software Product shall continue to apply after the termination of this EULA. HP’s and its affiliates’, licensors’ and suppliers’ rights and remedies hereunder shall survive any termination of this EULA.

8. NOTICE OF DATA COLLECTION. HP and its affiliates may collect, combine, and use device and individual user information you provide in relation to support services related to the Software Product. HP will not use this information to market to you without your consent. Learn More about HP data collection practices at www.hp.com/go/privacy..

9. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HP AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, DUTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES: (i) OF FITNESS FOR A PARTICULAR PURPOSE; (ii) OF MERCHANTABILITY; (iii) OF TITLE, (iv) OF NONINFRINGEMENT, (v) THAT THE SOFTWARE PRODUCT WILL FUNCTION WITH NON-HP SUPPLIES OR ACCESSORIES; AND (vi) OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE PRODUCT. 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.

10. LIMITATION OF LIABILITY. Subject to local law, notwithstanding any damages that you might incur, the entire liability of HP and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you separately for the Software Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HP OR ITS SUPPLIERS BE LIABLE FOR (A) ANY LOSS OF PROFITS, BUSINESS, CUSTOMS, REVENUE, ANTICIPATED SAVINGS, GOODWILL, DATA, OR CONTRACTS, (B) ANY TYPE OF SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (C) BUSINESS INTERRUPTION, (D) PERSONAL INJURY, OR (E) LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF HP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental, consequential, product liability, or certain direct damages, so the above limitation or exclusion may not apply to you.

11. U.S. GOVERNMENT CUSTOMERS. Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under HP's standard commercial license.

12. COMPLIANCE WITH EXPORT LAWS. You shall comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that the Software Product is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.

13. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in your state or country of residence and, if applicable, you are duly authorized by your employer to enter into this contract.

14. APPLICABLE LAW. If the Software Product is provided as part of an HP Product, this EULA is governed by the laws of the country, state, or territory in which the HP Product was purchased. If the Software Product is being licensed to you as a standalone product, this EULA is governed by the laws of the State of California, U.S.A.

15. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the HP Product) is the entire agreement between you and HP relating to the Software Product, and this EULA supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any HP policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. Should any term, condition or provision of this EULA be held invalid or unenforceable as to any party or circumstance, such ruling shall not affect the validity and enforceability of the remaining terms, conditions, and provisions of this EULA. HP may modify the EULA at any time. If you do not agree to the modified terms, you should discontinue your use of the Software. If you continue to use the Software Product after the modification is made, then such continued use shall be treated as an acceptance of the modifications. If you accepted a different set of end user license terms at the time you installed, copied, downloaded, or otherwise used the Software Product, this EULA shall supersede any such terms and govern your use of the Software Product.

16. INDEMNIFICATION. You will defend, indemnify and hold harmless HP and its affiliates, licensors and suppliers from all liabilities, claims and expenses (including attorneys’ fees) that may arise from or in connection with your breach of this EULA or your use or misuse of the Software Product. HP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

17. CONSUMER RIGHTS. Consumers in some countries, states, or territories may have the benefit of certain statutory rights, remedies, localizations, and limitations under consumer legislation in respect of which HP’s liability cannot lawfully be excluded or limited. Notwithstanding anything to the contrary in this EULA, if you acquired the HP Product or licensed the Software Product as a consumer within the meaning of relevant consumer legislation in your country, state, or territory, the provisions of this EULA (including the disclaimers of warranties, limitations and exclusion of liability) must be read subject to applicable law and apply only to the maximum extent permitted by such applicable law. For example:

AUSTRALIA: If you acquired the Software Product as a consumer within the meaning of the ‘Australian Consumer Law’ under the Australian Competition and Consumer Act 2010 (Cth), then despite any other provision of this EULA:

(1) The Software Product comes with guarantees that cannot be excluded under the Australian Consumer Law, including that goods will be of acceptable quality and services will be supplied with due care and skill. If HP fails to comply with any such consumer guarantee, HP’s or HP’s licensors’ liability is limited to the following:

(A) in connection with the provision of warranty and support services for the Software Product, to any one or more of the following (at HP’s discretion): (i) the supplying of the services again; or (ii) the payment of the costs of having the services supplied again; and

(B) In connection with the provision of the Software Product, to any one or more of the following (at HP’s discretion): (i) the replacement of the Software Product or the supply of equivalent software; (ii) the repair of the Software Product ; (iii) the payment of the costs of replacing the Software Product or of acquiring equivalent software; or (iv) the payment of the costs of having the Software Product repaired; and

(C) otherwise, to the maximum extent permitted by law.

(2) Nothing in this EULA excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited; and

(3) The benefits provided to you by the warranties in this EULA are in addition to other rights and remedies available to you under applicable law in relation to the goods or services to which the warranty relates. If you think that you are entitled to any warranty under this EULA or any of the above remedies, please contact HP at:

HP PPS Australia Pty Ltd
353 Burwood Hwy
Forest Hill
VIC 3131
Australia

To initiate a support request or warranty claim, please call 13 10 47 (within Australia) or +61 2 8278 1039 (if dialing internationally) or visit www.hp.com.au and select the “Customer Service” option for the most current list of phone support numbers.

NEW ZEALAND

If you are purchasing goods for personal, domestic or household use or consumption and not for the purpose of a business as a New Zealand consumer, you are entitled to repair, replacement, or refund for a failure, as well as compensation for other reasonably foreseeable loss or damage as a result of the failure.

© 2003, 2015, 2018, 2021 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. The only warranties for HP products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. HP shall not be liable for technical or editorial errors or omissions contained herein.