WELCOME TO HPE
Welcome to Hewlett Packard Enterprise (“HPE” or “Our” or “We” or “Us”), and thank You for visiting. We hope You enjoy the experience!
READ THESE TERMS CAREFULLY BEFORE ACCESSING, BROWSING OR USING HPE TOOLS. ACCESSING, BROWSING OR USING HPE TOOLS INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT ACCESS, BROWSE OR USE HPE TOOLS IF YOU DO NOT ACCEPT THESE TERMS.
Accessing HPE Tools
When You access HPE Tools, You are responsible for complying with These Terms as well as any and all use of HPE Tools through any account that You may set up through or on HPE Tools. Some Materials will only be available to You if You have an account. You agree to provide true, accurate, current, and complete information for so long as You use HPE Tools. Because it is Your account, it is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of HPE Tools, as well as paying related charges, if applicable. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or other security information for HPE Tools has been breached in any way, You must immediately notify Us.
Sometimes, We collect certain personal information about You solely in connection with Your access and use of HPE Tools. HPE’s use of that information is governed by the provisions of the HPE Privacy Statement Worldwide.
We reserve the right to require that You change Your password, other related security information, or restrict Your access to HPE Tools as We deem reasonably necessary.
Your Permitted Use of HPE Tools
You are invited to use HPE Tools for Your personal and business purposes where you are purchasing HPE’s solutions for use in Your business (“Permitted Uses”).
We hereby grant You a limited, personal, non-exclusive and non-transferable licence during the authorised term to use and to display the Materials only in connection with the Permitted Uses. Your right to use the Materials is conditioned on Your acceptance and compliance with These Terms. You have no other rights in HPE Tools or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any HPE Tools or Materials in any manner, unless it is authorised in writing by Us.
If We allow You to make copies of any HPE Tools while engaging in Permitted Uses We require that You please keep all of HPE’s copyright and other proprietary notices as they appear on HPE Tools.
Unauthorised Use of HPE Tools, Acceptable Use Policy
We authorise Your limited use of HPE Tools. Any other use of HPE Tools beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorised use of HPE Tools. This is because all rights in HPE Tools and Materials remain the property of HPE, its subsidiaries or its affiliated companies.
Unauthorised use of HPE Tools and Materials may result in violation of various United States and international intellectual property laws. We do not want that to happen and, therefore, We have given You examples of things to avoid in Our Acceptable Use Policy found here. You must follow HPE’s Acceptable Use Policy whenever You use HPE Tools or any solutions offered from HPE Tools.
Terminating Your Use of HPE Tools
We or You may terminate Your use of HPE Tools at any time. Your use of HPE Tools will automatically terminate in the event You breach any of These Terms. To clarify:
- Unless We otherwise agree with You in writing, We may terminate, suspend or modify Your registration with, or access to, all or part of HPE Tools, without notice, at any time and for any reason.
- You may discontinue Your access to and use of HPE Tools at any time. In the event of an automatic termination for breach, You must immediately destroy any downloaded or printed Materials (and any copies thereof).
- Termination of solutions acquired through HPE Tools shall be governed by Other Agreements (as defined in the section below entitled “Other Agreements; Our Solutions”), and will not necessarily terminate when the use of HPE Tools is terminated. However, termination of HPE Tools may impact the user experience for HPE solutions.
HPE TOOLS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF HPE TOOLS IS WITH YOU.
HPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO HPE TOOLS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT HPE DOES NOT PROMISE YOU THAT HPE TOOLS ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, HPE makes no warranty that HPE Tools will meet Your requirements or that HPE Tools will be uninterrupted, timely, secure or error-free or that defects in HPE Tools will be corrected. HPE makes no warranty as to the results that may be obtained from the use of HPE Tools or as to the accuracy or reliability of any information obtained through HPE Tools. No advice or information, whether oral or written, obtained by You through HPE Tools or from HPE, its subsidiaries or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees or agents of any such entities) (collectively, "The HPE Parties") shall create any warranty. HPE disclaims all equitable indemnities.
Warranties related to solutions acquired through HPE Tools shall be governed by Other Agreements (as defined in the section below entitled “Other Agreements; Our Solutions”).
Limitation of Liability
IN NO EVENT WILL ANY OF THE HPE PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE HUNDRED UNITED STATES (US$100.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH HPE TOOLS (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE OR THE RESULTS OF USE OF HPE TOOLS), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF THE HPE PARTIES HAD BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent The HPE Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of The HPE Parties’ liability shall be limited to the minimum amount permitted under such applicable law.
Limitation of liability regarding solutions acquired through HPE Tools shall be governed by Other Agreements (as defined in the section below entitled “Other Agreements; Our Solutions”).
Other Agreements; Our Solutions
HPE may provide solutions such as hardware, firmware, infrastructure as a service, application as service, platform as a service, software, software as a service, support services, professional services and other solutions (collectively, “HPE Solutions”), or access to HPE Tools under the terms of a separate agreement between You and HPE ("Other Agreement"). HPE’s obligations regarding any HPE Solutions or HPE Tools that it makes available to You under any Other Agreement shall be governed by such Other Agreement under which such HPE Solutions or HPE Tools are provided and These Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between These Terms and any Other Agreement, the Other Agreement will prevail.
HPE May Modify HPE Tools
HPE reserves the right to modify, suspend or discontinue HPE Tools at any time without notice to You. We would, however, like You to be aware of the following:
- HPE may make changes to the HPE Tools, the Materials or to the HPE Solutions and prices described in HPE Tools, at any time without notice.
- HPE Tools may be out of date and HPE makes no commitment whatsoever to update HPE Tools.
- Information published on HPE Tools may refer to programs or HPE Solutions that are not available in Your country.
We suggest You consult Your local HPE business contact for information regarding the programs or HPE Solutions that may be available to You via HPE Tools.
Your Submission(s) to HPE Tools
Certain areas of HPE Tools (e.g. chat rooms, customer ratings, review areas, community and support forums, etc.) may permit You to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials including new feature and enhancement requests (each, a "User Submission"). You agree that You are solely responsible for all of Your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, HPE does not guarantee that You will have any recourse through HPE or any third party to edit or delete any User Submission You have submitted, nor is HPE required to use Your User Submission.
By submitting any User Submission, You represent and warrant that:
- You are at least 13 years old;
- You own all rights in Your User Submissions (including, without limitation, all rights to the text, code, audio, video, or digital recording and the performance contained in Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to HPE the rights in Your User Submissions as described in These Terms;
- You have paid and will pay in full all licence fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Submissions;
- You are the individual pictured and/or heard in Your User Submissions or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in Your User Submissions to grant the rights to HPE as described in These Terms;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, rules of social media sites, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all "moral rights" that You may have in Your User Submission;
- Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;
- Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously or otherwise biased or offensive, threatening, or harassing to any individual, partnership or corporation, vulgar, pornographic, obscene or invasive of another's privacy;
- You were not and will not be compensated or granted any consideration by any third party for Your User Submission;
- Your User Submission does not incorporate materials from a third party website, or addresses, email addresses, contact information or phone numbers (other than Your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that You consider confidential, proprietary or personal;
- Your User Submission does not contain or constitute any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, You grant to HPE an irrevocable, perpetual, transferable, non- exclusive, fully-paid, worldwide, royalty-free licence (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, make derivative works, publish, translate, publicly perform and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Make, have made, use, sell, offer for sale and import Your User Submissions (or any modification thereto), in whole or in part, for any purpose;
- Use (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that HPE deems appropriate in its sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product or service);
- Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.
HPE may, but is not obligated to, pre-screen User Submissions or monitor any area of HPE Tools through which User Submissions may be submitted. HPE is not required to host, display or distribute any User Submissions on or through HPE Tools and may remove at any time or refuse any User Submissions for any reason. HPE is not responsible for any loss, theft or damage of any kind to any User Submissions. Further, You agree that HPE may freely disclose Your User Submission to any third party absent any obligation of confidence on the part of the recipient.
Intellectual Property Rights
HPE respects the intellectual property rights of others, and We ask You to do the same. We may, in appropriate circumstances and at Our discretion, terminate access to HPE Tools for users who infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on HPE Tools, please let Us know by following the procedures found here Claims of Infringement on HPE websites.
HEWLETT PACKARD ENTERPRISE, HEWLETT PACKARD, HPE, the Element Logo, the Hewlett Packard Enterprise Logo, the HPE Logo, the Hewlett Packard Labs Logo, variations of the foregoing logos (all HPE logos are referred to collectively herein as the “Hewlett Packard Enterprise Logos”), and other trademarks used by HPE are registered trademarks of Hewlett Packard Enterprise Company and/or its affiliates.
Hewlett Packard Enterprise Logo
Hewlett Packard Labs Logo
You may use Our word marks in text to refer fairly and accurately to Us and HPE Solutions, subject to the guidelines below.
The Hewlett Packard Enterprise Logos are reserved for use by Us and Our partners and licensees that have a written agreement with Us that specifically authorises logo use. No other use of Hewlett Packard Enterprise Logos or stylised marks is permitted.
You may not use Our trademarks in a manner likely to mislead consumers as to Your relationship with Us, as to Our sponsorship or endorsement of Your company, products or services, or as to the origin of Your products or services. Any use of Our trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.
Trademark Use by Authorised Partners and Licensees
If You have an existing relationship with Us, please adhere to the specific trademark use guidelines and terms provided in Your Other Agreement.
If You are a Hewlett Packard Enterprise Partner Ready partner, please refer to the below link for additional information, including trademark guidelines specific to Your Hewlett Packard Enterprise Partner Ready programme. If You are part of another Hewlett Packard Enterprise partner programme, please refer to the trademark guidelines for your specific programme or contact your Hewlett Packard Enterprise business contact.
Partner Ready: https://partner.hpe.com
If Your Other Agreement with Us authorises You to display Our trademarks, but does not contain specific trademark use guidelines, please follow these trademark use guidelines.
If You have questions, You should contact Your account representative or other HPE business contact.
HPE General Trademark Guidelines
The following general trademark guidelines are intended for use by companies that are authorised users of Our trademarks, including for example, Our partners, licensees, alliances and authorised resellers under contract with Us under Other Agreements.
- We do not use or require the use of trademark symbols, legends or acknowledgements with Our trademarks, unless otherwise agreed in writing.
- Our trademarks should be presented as adjectives modifying generic nouns; for example: Hewlett Packard Enterprise servers, HPE support services, etc.
- Do not use variations, plural or possessive forms of our trademarks.
- Do not use Our trademarks in a manner likely to mislead or confuse the public as to the origin of any goods or services, or as to sponsorship or endorsement by Us.
- Do not use Our trademarks to make false statements about Us or HPE Solutions.
- Do not incorporate or integrate Our trademarks in Your trade names, business names, product names, service names, social media user names or domain names.
- Do not adopt or imitate Hewlett Packard Enterprise Logos, distinctive product designs, product packaging, trade dress, advertising materials, slogans, taglines or website layouts.
When referring to Us in formal documentation (i.e. annual reports, financial reports) the full legal entity name, Hewlett Packard Enterprise Company, is preferred. In other contexts, Hewlett Packard Enterprise is preferred.
Additional Guidelines for Authorised Users of the Hewlett Packard Enterprise Logo
Our preferred Hewlett Packard Enterprise Logo
For dark backgrounds, our inverse logo may be used
For colour backgrounds, our inverse logo may be used
Our black and white logo should be used when full-colour printing is not available
Use the reverse logo on dark backgrounds when full colour reproduction is not available
Be sure that the clear space around the logo is equal to at least half the height of the logo itself. Keep clear space free of any text, graphic elements or visual marks
The minimum sizes for use of the Hewlett Packard Enterprise Logo are 1.25” wide for print and 177 pixels wide for digital
The minimum sizes for use of the Hewlett Packard Enterprise Logos are 1.25” wide for print and 177 pixels wide for digital
- Use the Hewlett Packard Enterprise Logos other than in accordance with express, written authorisation from Us;
- Place the Hewlett Packard Enterprise Logos on a complicated or patterned background; Apply reflections or gradients to the Hewlett Packard Enterprise Logos;
- Treat the Hewlett Packard Enterprise Logos as dimensional objects;
- Alter the shape of the Hewlett Packard Enterprise Logos; modify or distort the Hewlett Packard Enterprise Logos; add a keyline to the Hewlett Packard Enterprise Logos;
- Separate the letterforms from the remainder of a Hewlett Packard Enterprise Logo; Apply colour to the letterforms within a Hewlett Packard Enterprise Logo;
- Outline the Hewlett Packard Enterprise Logos;
- Change the colours of the Hewlett Packard Enterprise Logos; Animate the Hewlett Packard Enterprise Logos;
- Place type/text within the Hewlett Packard Enterprise Logos or their clear space;
- Place an image within the Hewlett Packard Enterprise Logos;
- Use the Element Logo alone without additional express, written authorisation from Us.
THESE GUIDELINES MAY BE REVISED FROM TIME TO TIME WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THIS PAGE AS WELL AS CHECK WITH APPROPRIATE HPE BUSINESS CONTACTS TO ENSURE CONTINUED COMPLIANCE WITH OUR TRADEMARK USE GUIDELINES.
Links To Third-Party Websites
We think links are convenient, and so We may provide links on HPE Tools to third-party websites. If You use those links, You will leave HPE Tools. HPE is not obligated to review any third-party websites that You link to from HPE Tools. HPE does not control any of the third-party websites and is not responsible for any of the third-party websites (or the products, services or content available through any of them).
Thus, HPE does not endorse or make any representations about such third-party websites, any information, software, products, services or materials found there, or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from HPE Tools, You do so entirely at Your own risk and You shall be deemed subject to the privacy policies and terms and conditions for those third-party websites. These Terms are not applicable to Your use of any such third-party websites.
Linking To HPE Tools
Again, because We think links are convenient, We allow You to create links to HPE Tools from other websites. Unless an express agreement states otherwise, You must comply with the following terms and all applicable laws if You provide anyone with a link to HPE Tools:
- You may link to, but may not copy, any Materials;
- You may only use and reproduce a Hewlett Packard Enterprise Logo or trademark if You follow Our trademark and Hewlett Packard Enterprise Logo usage policies found herein.
- You shall not create a browser or border environment around any Materials;
- You shall not imply that HPE endorses or is affiliated with any such website that links to HPE Tools or any products, services or content available through that website;
- You shall not misrepresent Your relationship with HPE;
- You shall not present false or misleading information about HPE or HPE Solutions;
- The website that links to HPE Tools shall not contain content that could be construed as distasteful, offensive or controversial;
- The website that links to HPE Tools shall contain only content that is appropriate for all age groups.
US Government Restricted Rights
Any Materials that are downloaded by or on behalf of the United States of America, its agencies and/or instrumentalities (“US Government”), are subject to the provisions of FAR 12.211 – “Technical Data”, and FAR 12.212 – “Computer Software”, or to clauses providing HPE equivalent protections in DFARS or other agency-specific regulations.
Global Trade and Sanctions Laws and Regulations
HPE administers HPE Tools from its offices in the United States. HPE makes no representation that HPE Tools are appropriate or available for use outside the United States and access to HPE Tools from territories where its contents are illegal or restricted is prohibited.
If you choose to access to HPE Tools from outside the United States, you do so on Your own initiation and You are responsible for compliance with applicable Laws.
You agree to comply with all export and re-export restrictions and regulations of the US Department of Commerce and Treasury and any other United States or foreign agencies and authorities in connection with Your use of the HPE Tools and to not, in violation of any Laws, transfer or authorise the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported or otherwise transferred, directly or indirectly, to (i) embargoed or sanctioned countries or territories (currently Cuba, Iran, North Korea, Syria and the Crimea Territory) or to nationals and parties from those countries; (ii) any party engaged in prohibited proliferation activities or for any prohibited or restricted end use; or (iii) any parties subject to trade control sanctions or blocking measures, including those designated on any of the lists of denied or restricted parties included in the United States Departments of State, Commerce and Treasury Consolidated Screening List (available at http://export.gov/ecr/eg_main_023148.asp) or the European Union (EU) (available at https://www.eeas.europa.eu/_en). By using any Materials subject to any such restrictions and regulations, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree to indemnify, defend and hold harmless The HPE Parties from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable legal fees) that such parties may incur as a result of or arising from Your (or anyone using Your account) violation of These Terms. HPE reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with HPE’s defence of such claim.
When You visit HPE Tools or send e-mails to HPE, You are communicating with HPE electronically. We may respond to You by e-mail or by posting notices on HPE Tools. You agree that all such notices, disclosures and other communications that HPE provides to You electronically satisfy any legal requirement that such communications be in writing.
Unless otherwise specified in These Terms, all Materials, as well as the arrangement of them on HPE Tools, are Our sole property, Copyright © [dates of creation] Hewlett Packard Enterprise Development LP. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
Entire Agreement for Everyone
These Terms, together with any additional terms to which You agree when using particular elements of HPE Tools, constitute the entire and exclusive and final statement of the agreement as between Everyone with respect to the subject matter hereof, superseding any prior agreements or negotiations between You and HPE with respect to the same. The HPE Parties are third-party beneficiaries with respect to the provisions in These Terms that reference them.
These Terms shall be governed by the laws of the State of Delaware as applied to agreements made, entered into and performed entirely in Delaware by Delaware residents, notwithstanding Your actual place of residence or business. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to These Terms. All lawsuits arising from or relating to These Terms or Your use of HPE Tools shall be brought in the Federal or State courts located in Delaware, and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
The failure of HPE to exercise or enforce any right or provision of These Terms shall not constitute a waiver of such right or provision. If any provision of These Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavour to give effect to the remaining terms. The section titles in These Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of Your use of HPE Tools. These Terms will be interpreted without application of any strict construction in favour of or against You or HPE. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by You, but may be assigned by HPE without restriction.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: HPE Tools are provided by HPE. If You have a question or complaint regarding HPE Tools, please contact Customer Service. You may also contact us by writing to Hewlett Packard Enterprise Company, Attn: Legal Department, 11445 Compaq Center West Drive, Houston, TX 77070. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 ##paragraph_90## (800) 326-2297 or TDD (916) 322-1700.
HPE may, in its sole and absolute discretion, change These Terms (including any other documents that are referenced in or linked to from These Terms) from time to time. HPE will post notice of such changes on HPE Tools as applicable. If You object to any such changes, Your sole recourse shall be to cease using HPE Tools. Continued use of HPE Tools following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of These Terms may be superseded by expressly-designated legal notices or terms located on particular pages of HPE Tools and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into These Terms and to supersede the provision(s) of These Terms that are designated as being superseded.
Revised April 2021