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Attachment D - State and Local Government and Education Customer Return Policy; EULA <br />End User License Agreement ("EULA") - HPE NASPO ValuePoint Data Communications <br />Contract #[insert] <br />1. Applicability. This end user license agreement (the "Agreement") governs the use of accompanying software, <br />unless it is subject to a separate agreement between you and Hewlett Packard Enterprise Company and its <br />subsidiaries ("HPE"). <br />2. Terms. This Agreement includes supporting material accompanying the software or referenced by HPE, which <br />may be software license information, additional license authorizations, software specifications, published <br />warranties, supplier terms, open source software licenses and similar content ("Supporting Material"). <br />3. Electronic Delivery. HPE may elect to deliver software and related software product or license information by <br />electronic transmission or download. <br />4. License Grant. If you abide by this Agreement, HPE grants you a non-exclusive, non -transferable license to use <br />one copy of the version or release of the accompanying software for your internal purposes only, and is subject to <br />any specific software licensing information that is in the software product or its Supporting Material. For non-HPE <br />branded software, the third party's license terms will govern its use. Your use is subject to the following <br />restrictions, unless specifically allowed in Supporting Material: <br />— You may not use software to provide services to third parties. <br />— You may not make copies and distribute, resell or sublicense software to third parties. <br />— You may not download and use patches, enhancements, bug fixes, or similar updates unless you have a <br />license to the underlying software. However, such license does not automatically give you a right to <br />receive such updates and HPE reserves the right to make such updates only available to customers with <br />support contracts. <br />— You may not copy software or make it available on a public or external distributed network. <br />— You may not allow access on an intranet unless it is restricted to authorized users. <br />— You may make one copy of the software for archival purposes or when it is an essential step in authorized <br />use. <br />— You may not modify, reverse engineer, disassemble, decrypt, decompile or make derivative works of <br />software. If you have a mandatory right to do so under statute, you must inform HPE in writing about <br />such modifications. <br />5. Software Usage. Some software may require keys or other technical protection measures for access and HPE <br />may monitor your compliance with the Agreement, remotely or otherwise. <br />6. 90-day Limited Warranty. Subject to the Master Agreement, HPE warrants that HPE-branded software <br />materially conforms to its specifications, if any, and is free of malware at the time of delivery; if you notify HPE <br />within 90 days of delivery of non-conformance to this warranty, HPE will replace your copy. <br />HPE does not warrant that the operation of software will be uninterrupted or error free, or that software will <br />operate in hardware and software combinations other than as authorized by HPE in Supporting Material. <br />7. Termination. This Agreement is effective until terminated or in the case of a limited -term license, upon <br />expiration; however, your rights under this Agreement terminate if you fail to comply with it. Immediately upon <br />termination or expiration, you will destroy the software and documentation and any copies, or return them to <br />HPE. You may keep one copy of software and documentation for archival purposes. We may ask you to certify in <br />writing you have complied with this section. <br />8. General. <br />Attachment D Page 3 of 4 <br />