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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 Software Development Kit (SDK) v 1.2.2
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 1.2.2 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.
© 1998 Compaq Information Technologies Group, L.P.
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