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 1.4.1
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 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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