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ATTENTION: PLEASE READ THE TERMS OF THIS HP TOUCHSMART APPS CENTER LICENSE AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING IT. THIS AGREEMENT TOGETHER WITH THE TERMS SET
FORTH ON HP.COM (COLLECTIVELY, THE “TERMS”), GOVERN YOUR USE OF THE HP TOUCHSMART APPS CENTER (THE “APPS CENTER”), ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE,
GRAPHICS, OR PHOTOGRAPHS) THAT HEWLETT-PACKARD COMPANY AND ITS SUBSIDIARIES (COLLECTIVELY "HP") MAY MAKE AVAILABLE THROUGH THE APPS CENTER (COLLECTIVELY, “MATERIALS”) AND ANY
SERVICES THAT HP MAY PROVIDE THROUGH THE APPS CENTER (COLLECTIVELY, “SERVICES”). USING THE APPS CENTER INDICATES THAT YOU HAVE READ AND ACCEPT THE TERMS. IF YOU DO NOT ACCEPT THE
TERMS, YOU ARE NOT AUTHORIZED TO USE THE APPS CENTER.
HP TOUCHSMART APPS CENTER LICENSE AGREEMENT
This Agreement is a legal agreement between you as an individual (“You” or “Licensee”) and Hewlett-Packard Company (“HP”) that governs your use of the App Center, including the
software available thereon (“Apps”) and the Services.
USE OF THIS TOUCHSMART APPS CENTER IS OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO the Terms. BY DOWNLOADING, COPYING, OR USING THE HP TOUCHSMART APPS CENTER YOU AGREE
TO BE BOUND BY THE TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE TOUCHSMART APPS CENTER.
LICENSED SOFTWARE. The Apps made available on the Apps Center are licensed, not sold, to you. There are two (2) categories of Apps offered through the Apps Center,
as follows: (i) those Apps that have been developed, and are licensed to you, by HP (the “HP Apps”); and (ii) those Apps that have been developed, and are licensed to you,
by a third party developer (the “Third Party Apps”). The category of any particular Apps is identified on the Apps Center.
Your license to each App that you obtain through the Apps Center is subject to the Licensed Software End User License Agreement and you agree that the terms of the Licensed
Software End User License Agreement will apply to each HP App and to each Third Party App that you license through the Apps Center, unless the Third Party App is covered by a
valid end user license agreement entered into between you and the licensor of the App (the “Licensor”), in which case the Licensor’s end user license agreement will apply to
that App. The Licensor reserves all rights in and to the Product not expressly granted to You.
You acknowledge that the license you obtain through the Apps Center is a binding agreement between you and HP, and that the license you obtain to each third party app is a
binding agreement between you and the Licensor of that third party app only. The Licensor of each third party app is solely responsible for that third party app, the content
therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that third party app or
your use of that third party app. You acknowledge that you are obtaining the license to each third party app from the Licensor of that third party app; HP is acting as agent
for the Licensor in providing each such third party app to you; HP is not a party to the license between you and the Licensor with respect to that third party app; and HP is
not responsible for that third party app, the content therein, or any warranties or claims that you or any other party may have relating to that third party app or your use
of that third party app.
You acknowledge and agree that HP are third party beneficiaries of the Licensed Software End User License Agreement, or the Licensor’s end user license agreement, as the
case may be, for each third party app, and that, upon your acceptance of the terms and conditions of the license to any such third party app, HP will have the right
(and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
All Apps made available through the Apps Center are licensed to end user customers only.
PROPRIETARY RIGHTS. All intellectual property rights in the HP Apps (and any user documentation) are owned by HP or its suppliers and are protected by law, including
applicable copyright, trade secret, patent, and trademark laws. All intellectual property rights in the third party apps (and any user documentation) are owned by the
applicable Licensor and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification,
copyright notice, or proprietary restriction from the Apps.
LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the Apps.
RESERVATION OF RIGHTS. HP and its suppliers and the Licensors reserve all rights not expressly granted to you in this Agreement.
NO WARRANTY. THE APPS ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. HP AND LICENSOR HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS. YOU ASSUME THE ENTIRE RISK RELATING TO THE USE OR PERFORMANCE OF THE APPS.
NO SUPPORT. HP does not provide support for the Licensed Software or their uses. HP will not provide assistance for the development or testing of Licensee’s Programs,
or support for Licensee’s Programs to end users.
NO OTHER OBLIGATIONS. HP’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing in this
Agreement alters such agreements. HP may make changes to the Apps at any time without notice. The Apps may be out of date, and HP makes no commitment to update them.
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 Agreement.
ENTIRE AGREEMENT. The Terms are the entire agreement between you and HP relating to the Apps and supersedes all prior or contemporaneous oral or written communications,
proposals and representations with respect to the Apps, or any other subject matter covered by the Terms.