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 1.3.1
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 Compaq World Wide Web site. Compaq Computer
Corporation ("Compaq") is willing to license the Compaq Run Time Environment for
the Tru64 UNIX 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 Release Notes 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 Release Notes 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 Release Notes 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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