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ATTENTION: In order for Compaq to protect its intellectual property
and other legal rights in its software and those of its suppliers
it is necessary to obtain its customers' agreement to its standard
licensing terms in connection with any download. If you access this
software you are manifesting your legal agreement to the terms of
the Compaq Software License Agreement and the additional terms set
forth below.
COMPAQ COMPUTER CORPORATION
SOFTWARE DOWNLOAD LICENSE AGREEMENT
Compaq Run Time Environment (RTE) v 1.1.8
for the Tru64(TM) UNIX(R) Operating System
for the Java(TM) Platform
Binary Code License
This License Agreement applies to all software made available
for downloading through this HP World Wide Web site. Compaq Computer
Corporation ("Compaq") is willing to license the Compaq
Run Time Environment for the Tru64(TM) UNIX(R) Operating System,
otherwise known as RTE, (hereinafter "Software") only
upon your agreeing to the terms of this License Agreement and your
manifesting that agreement by downloading aforesaid Software.
1. REPRESENTATION OF AUTHORIZED STATUS
The Software is made available only to authorized licensees of
Compaq Tru64 UNIX Operating System (the "Underlying Program"),
who are not in violation of any terms of their Underlying Program
licenses with Compaq. By manifesting your assent to this License
Agreement, you represent to Compaq that you (or the organization
on behalf of which you are downloading the Software) are such an
authorized licensee and you agree that you will use the Software
only in combination with and as a modification of the Underlying
Program. If you are acting on behalf of an organization, you represent
to Compaq that you are authorized to act on behalf of such organization
and that your agreement to the terms of this Agreement creates a
legally enforceable obligation of the organization. (As used in
this License Agreement, "you" and "your" refers
to both you and any organization on behalf of which you are acting.)
2. LICENSE GRANT
Compaq grants you a royalty-free, non-exclusive and non-transferable
license to reproduce and distribute the Software, provided that
Licensee:
(A) Agrees that such distribution is solely for use with the Underlying
Programs to which the Software pertain;
(B) Distributes the Software complete and unmodified (except for
the specific files identified as optional in the Software README
file), and only bundled as part of the Licensee's Java(tm) compatible
applet or application ("Program") into which the Software
is incorporated;
(C) Does not distribute additional software intended to replace
any component(s) of the Software;
(D) Does not remove or alter any proprietary legends or notices
contained in the Software; and,
(E) Includes the provisions of Sections 4,5,7 and 8 in Licensee's
license agreement for the Program.
Except with respect to Section 8 of this License Agreement, in
the event of any express inconsistency between this License Agreement
and the license covering the Underlying Program, the latter shall
govern.
3. REDISTRIBUTABLES
Compaq grants you a royalty-free, non-exclusive and non-transferable
license to reproduce and distribute, only as part of the Software,
those files specifically identified as redistributable in the Software
README file (the "Redistributables"), provided that Licensee:
(A) Agrees that such distribution is solely for use with the Underlying
Programs to which the Redistributables pertain;
(B) Distributes the Redistributables complete and unmodified (except
for the specific files identified as optional in the Software README
file), and only bundled as part of the Licensee's Java(tm) compatible
applet or application ("Program");
(C) Does not distribute additional software intended to replace
any component(s) of the Redistributables;
(D) Does not remove or alter any proprietary legends or notices
contained in or on the Redistributables; and,
(E) Includes the provisions of Sections 4,5,7 and 8 in Licensee's
license agreement for the Program.
4. JAVA PLATFORM INTERFACE
Licensee may not modify the Java Platform Interface ("JPI",
identified as classes contained within the "java" package
or any subpackages of the "java" package), by creating
additional classes within the JPI or otherwise causing the addition
to or modification of the classes in the JPI. In the event that
Licensee creates any Java-related API and distributes such API to
others for applet or application development, Licensee must promptly
publish an accurate specification for such API for free use by all
developers of Java-based software.
5. INTELLECTUAL PROPERTY RIGHTS
The Software made available for downloading here is the property
of Compaq (or its suppliers). The Software and all accompanying
documentation are copyrighted. You shall not modify, decompile,
disassemble, extract, or otherwise reverse engineer any Software
covered by this License Agreement. You shall not make any copy of
the Software or its accompanying documentation, except for copying
incident to the ordinary and intended use of the Software and the
Underlying Program and except for the making of a single archival
copy. The Software made available here constitutes the proprietary
information of Compaq (or its suppliers). You agree to take reasonable
steps to prevent the disclosure, unauthorized use or unauthorized
distribution of the Software subject to this License.
6. EXPORT REGULATIONS
The Software, including any technical data contained therein, may
be subject to U.S. export control laws, including the U.S. Export
Administration Regulations of the U.S. Department of Commerce, or
any successor regulations thereto, and may be subject to export
or import laws and regulations of other countries. If you export,
re-export, or import the Software you agree that you are responsible
for complying with all such export or import requirements and obtaining
licenses where necessary.
You agree that you are not prohibited by the U.S. or other government
export control regulations from receiving this software or technical
data.
7. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is provided with "RESTRICTED RIGHTS". Use,
duplication, or disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of DFARS 252.227-7013,
or FAR 52.227-19, or in FAR 52.227-14 Alt. III, as applicable. Contractor/manufacturer
is Compaq Computer Corporation.
8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SOFTWARE PROVIDED HERE IS PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY
EXCLUDED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT
WILL COMPAQ BE LIABLE FOR ANY LOST REVENUE OR PROFIT, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WITH RESPECT TO
ANY SOFTWARE MADE AVAILABLE HERE OR TO THE USE OF SUCH SOFTWARE.
COMPAQ MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
THAT THE CODE, AND DOCUMENTATION OR ANY INFORMATION RELATING THERETO
OR CONTAINED THEREIN WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE
SECRETS, OR TRADEMARK OF ANY THIRD PERSON OR PARTY.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Compaq and its
licensors from any suit, demand, cause of action or other claim
of whatever nature arising out of the breach of any term of this
License Agreement by you, your agents or your employees that result
from the use or distribution of the Program.
10. TERMINATION
Licensee may terminate this License at any time by destroying all
copies of the Software. This License will terminate immediately
without notice from Compaq if Licensee fails to comply with any
provision of this License. Upon such termination, Licensee must
destroy all copies of the Software.
11. GENERAL
This Agreement shall be construed, interpreted and applied in accordance
with the laws of the Commonwealth of Massachusetts. This License
Agreement (together with any license agreement concerning the Underlying
Program) constitutes the entire agreement between the parties concerning
the Software downloaded through this site and supersedes any prior
understandings, agreements or commitments, oral or written, concerning
them.
Compaq Products are manufactured for standard commercial uses and
are not intended to be sold or licensed for use in critical safety
systems or nuclear facilities.
12. SURVIVAL
Upon termination of this License the provisions of Sections 8,
9 and 10 shall survive such termination.
© Copyright 2003 Compaq Information Technologies Group, L.P.
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