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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 HP Software License Agreement and
the additional terms set forth below.
HEWLETT-PACKARD COMPANY
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. Hewlett-Packard
Company ("HP") 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 HP. By manifesting your assent to this License Agreement,
you represent to HP 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 HP 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,
HP 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 "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 HP (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 HP (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 Hewlett-Packard Company.
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 HP 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.
HP 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 HP 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.
HP 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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