You are licensed to use the Tool on an internal basis only. This license is limited to use by a single user. You may not copy this Tool or reproduce it in any way. You shall not: (i) remove any identification in or on the Tool, any copyright notices, or other notices or proprietary restrictions; (ii) use the Tool for commercial timesharing, rental, or service bureau use; (iii) transfer, sub-license, sell, assign or otherwise convey the Tool to another party; (iv) cause or permit reverse engineering, disassembly, or de-compilation of the Tool; (v) disclose results or output results to any third party. COPYRIGHT/OWNERSHIP OF THE TOOL: The Tool is the proprietary property of HPE and is protected by copyright and other intellectual property laws. You acquire only the right to use the Tool and do not acquire any rights, express or implied, in the Tool other than those rights specified under this Agreement. HPE shall at all times retain all rights, title, interest, including intellectual property rights, in the Tool. DISCLAIMER OF WARRANTIES: This tool is intended for use solely as a guide for your use in populating SSDs for HPE's Gen8 servers and future HPE versions of servers and is provided "as is" without warranty of any kind. HPE is not responsible for errors, omissions, or inaccuracy's related to or resulting from any information provided. The entire risk arising out of the use of the tool remains with you, including but not limited to those specified options that you select based on your use of the tool and any resulting conditions based on those options. In no event shall HPE be liable for any direct, consequential, incidental, special, punitive or other damages whatsoever (including without limitation, damages for loss of business profits, business interruption or loss of business information), even if HPE has been advised of the possibility of such damages. GENERAL: You may not assign, sublicense, delegate or otherwise transfer ("Assign") all or any part of this Agreement. Any such attempted assignment will be null and void. If the Tool is licensed for use in the performance of a U.S. Government prime contract or subcontract, you agree that, consistent with FAR 12.211 and 12.212, the Tool, Tool documentation and Tool technical data are licensed under HPE's standard commercial license. To the extent you export, re-export, or import the Tool, technology, or technical data licensed or provided hereunder, you assume sole responsibility for complying with applicable laws and regulations and for obtaining required export and import authorizations. HPE may suspend performance if you are in violation of any applicable laws or regulations. HPE shall have the right to terminate this Agreement at any time and for any reason. This Agreement is governed by the laws of the State of California, U.S.A, excluding rules as to choice and conflict of law. You and HPE agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Subject to the other terms and conditions of this Agreement, this Agreement is the entire agreement between HPE and you regarding your use of the Tool, and supersedes and replaces any previous communications, representations, or agreements, or your additional or inconsistent terms, whether oral or written. In the event any provision of this Agreement is held invalid or unenforceable the remainder of the Agreement will remain enforceable and unaffected thereby. HPE's failure to exercise or delay in exercising any of its rights under this Agreement will not constitute or be deemed a waiver or forfeiture of those rights.