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License Agreement for Application Response Measurement (ARM) Version 4.0 Software Development Kit (SDK) YOU MUST AGREE TO THESE TERMS BEFORE YOU DOWNLOAD OR USE THIS PROGRAM. ANY SUCH USE OR DOWNLOADING INDICATES YOUR ACCEPTANCE OF THESE TERMS. Hewlett-Packard Corporation (HP) and tang-IT Consulting GmbH (tang-IT) grant you a license to use the ARM SDK. The ARM SDK is copyrighted and licensed (not sold). HP and tang-IT do not transfer title to the ARM SDK to you. You obtain no rights other than those granted under this license. Under this license, you may: 1. Use the ARM SDK on one or more machines at a time; 2. Make copies of the ARM SDK for use or backup purposes within your enterprise; 3. Modify the ARM SDK and merge it into another program; and 4. Make copies of the original file you download and distribute it, provided that you transfer a copy of this license agreement to the other party, and provided that the other party agrees to all terms of this license. You must reproduce the copyright notice and any other legend of ownership on each copy or partial copy of the ARM SDK. You may NOT sublicense, rent, lease, or assign the ARM SDK or any part of the ARM SDK. Except as expressly stated above, HP and tang-IT grant no other licenses, express or implied, by estoppel or otherwise, to any intellectual property rights. HP tang-IT do not warrant that the ARM SDK is free from claims by any party of copyright, patent, trademark, trade secret, or any other intellectual property infringement. LIMITED LIABILITY Under no circumstances are HP and tang-IT liable for any of the following, even if HP and tang-IT are informed of their possibility: 1. third party claims against you for losses or damages; 2. loss of, or damage to, your records or data; or 3. economic consequential damages (including lost profits or savings) or incremental damages. 4. punitive or non-compensatory damages of any sort NO WARRANTIES THIS PROGRAM IS PROVIDED "AS IS." HP AND tang-IT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HP and tang-IT do not warrant uninterrupted or error free operation of the SDK. Some jurisdictions do not allow the exclusion of implied warranties or limits on liability, so the above exclusions may not apply to you. HP and tang-IT have no obligation to provide service, defect correction, or any maintenance for the SDK. HP and tang-IT have no obligation to supply any ARM SDK updates or enhancements to you even if such are or later become available. You may terminate this license at any time. HP and tang-IT may terminate this license if you fail to comply with any of its terms. In either event, you must destroy all your copies of the ARM SDK. You are responsible for the payment of any taxes resulting from this license. You may not sell, transfer, assign, or subcontract any of your rights or obligations under this license. Any attempt to do so is void. No licensee may bring a legal action more than two years after the cause of action arose. You hereby waive your right to a trial by jury and agree that any action arising from the relationship of the parties to this license shall be decided by a court without a jury.