archive: license agreement

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 Software Development Kit (SDK) 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 Software Development Kit (SDK) for the Tru64(TM) UNIX(R) Operating System, otherwise known as SDK, (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

Subject to the terms and conditions set forth in this License, Compaq grants you a royalty-free, non-exclusive and non-transferable license to use the Software made available for downloading here, and in combination with and as modifications of the Underlying Programs to which the Software pertain, for use in: (i) evaluation of the Software; and, (ii) for development of Java(tm) compatible applets and applications. This license is supplemental to and subject to the licenses covering the Underlying Program.
Except for the foregoing, Licensee may not re-distribute the Software in whole or in part, either separately or included with a product. Refer to the "Compaq Run Time Environment v 1.1.8 for the Tru64 UNIX Operating System" binary code license for the availability of runtime code which may be distributed with Java compatible applets and applications.
Except with respect to Section 7 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. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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 arise or result from the use or distribution of the Program.

9. 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.

© Copyright 2003 Compaq Information Technologies Group, L.P.