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
Run Time Environment (RTE) v 1.3.1
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 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 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™ 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™ 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.
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