Terms of use

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!

These Terms of Use (“These Terms”) are a legal contract between You and HPE (collectively, “Everyone”) and govern Your activity on HPE’s websites and other tools. All the text, data, information, software, graphics, logos, photographs, and more (all of which We refer to as “Materials”) that HPE and its subsidiaries and affiliated companies may make available to You, as well as any solutions We may make available to You through any of Our websites and other tools (all of which are referred to in These Terms as “HPE Tools”).

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 setup 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 considering purchasing HPE’s solutions for use in Your business (“Permitted Uses”).

We hereby grant You a limited, personal, non-exclusive and non-transferable license during the authorized term to use and to display the Materials only in connection with 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 authorized 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.

Unauthorized Use of HPE Tools, Acceptable Use Policy

We authorize Your limited use of HPE Tools. Any other use of HPE Tools beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized 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.

Unauthorized 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 section titled below “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.

Disclaimers

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 section titled below “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 section titled below “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 control.

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 license 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, libelous, 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 web site, 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 unauthorized 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 license (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.

Our Trademarks

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.

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 authorizes logo use. No other use of Hewlett Packard Enterprise Logos or stylized 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 Authorized 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 program. If You are part of another Hewlett Packard Enterprise partner program, please refer to the trademark guidelines for your specific program or contact your Hewlett Packard Enterprise business contact.

Partner Ready:  https://partner.hpe.com

If Your Other Agreement with Us authorizes 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 authorized users of Our trademarks, including for example, Our partners, licensees, alliances and authorized 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 Authorized Users of the Hewlett Packard Enterprise Logo

The minimum sizes for use of the Hewlett Packard Enterprise Logos are 1.25” wide for print and 177 pixels wide for digital

Do not:

• Use any of the Hewlett Packard Enterprise Logos other than in accordance with express, written authorization 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 color to the letterforms within a Hewlett Packard Enterprise Logo;
• Outline the Hewlett Packard Enterprise Logos;
• Change the colors 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 authorization 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.

Global Trade and Sanctions Laws and Regulations

HPE administers HPE Tools from its offices in 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 U.S. 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 authorize 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 https://www.trade.gov/consolidated-screening-list) 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.

Indemnification

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 attorneys’ 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 defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with HPE’s defense of such claim.