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
Software Development Kit (SDK) v 1.4.1
for the Tru64™ UNIX® Operating System
for the Java™ 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 Software Development Kit (SDK) for the Tru64 UNIX 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 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™ 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 "Run
Time Environment v 1.4.1 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.
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