Compaq: FreePort Express License Agreement

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Freeport Express binary translation software license agreement

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IMPORTANT - CAREFULLY READ THE DIGITAL LICENSE AGREEMENT BEFORE PROCEEDING. IF YOU DO NOT AGREE TO ITS TERMS, DO NOT PROCEED TO DOWNLOAD OR EXECUTE THE SOFTWARE. DOWNLOADING, INSTALLING, OR EXECUTING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS OF THE LICENSE AGREEMENT.

DIGITAL LICENSE AGREEMENT

THIS LICENSE AGREEMENT BETWEEN YOU AND DIGITAL EQUIPMENT CORPORATION ("DIGITAL") APPLIES TO DIGITAL'S SOFTWARE TRANSLATOR CALLED FREEPORT EXPRESS (INCLUDING ALL ACCOMPANYING DOCUMENTATION). DIGITAL IS WILLING TO LICENSE FREEPORT EXPRESS ONLY UPON YOUR AGREEING TO THE TERMS OF THIS AGREEMENT AND YOUR SIGNIFYING SUCH AGREEMENT BY DOWNLOADING, INSTALLING, OR EXECUTING FREEPORT EXPRESS. EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, FREEPORT EXPRESS SHALL ALSO BE DEEMED TO INCLUDE ANY LIBRARIES SUPPLIED BY DIGITAL HEREUNDER IN CONNECTION WITH YOUR USE OF FREEPORT EXPRESS. IF YOU ARE ACTING ON BEHALF OF AN ORGANIZATION, YOU REPRESENT TO DIGITAL THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF SUCH ORGANIZATION AND THAT YOUR ASSENT TO THE TERMS OF THIS AGREEMENT CREATES A LEGALLY ENFORCEABLE OBLIGATION OF THE ORGANIZATION. AS USED HEREIN, "YOU" REFERS TO YOU AND ANY ORGANIZATION ON BEHALF OF WHICH YOU ARE ACTING.

1. LICENSE GRANT

Subject to the provisions below, Digital grants to you the right to use FREEPORT EXPRESS, but solely to translate software which you have the right to copy, translate, and use on an Alpha (TM) computer system. Special provisions may apply to library routines (see Section 3). Any other use of FREEPORT EXPRESS is expressly prohibited. You are solely responsible for adhering to the provisions of any software license(s) pertaining to software translated using FREEPORT EXPRESS, and Digital accepts no responsibility for any expenses that you incur with respect to any such translation.

YOU AGREE NOT TO DISTRIBUTE, LEASE, LICENSE OR OTHERWISE TRANSFER TO THIRD PERSONS EITHER FREEPORT EXPRESS OR ANY SOFTWARE TRANSLATED WITH FREEPORT EXPRESS. YOU MAY NOT SUBLICENSE, TRANSFER OR ASSIGN YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT.

2. INTELLECTUAL PROPERTY RIGHTS

FREEPORT EXPRESS and all accompanying documentation is or incorporates the property of Digital and is copyrighted. Therefore, you shall not modify, decompile, disassemble, extract, or otherwise reverse engineer FREEPORT EXPRESS, except to the extent that Digital cannot prohibit such acts by law. In addition, you shall not make any copy of FREEPORT EXPRESS or its accompanying documentation, except for your own use pursuant to this Agreement. You may not remove any copyright, trademark, or other proprietary or license notice from FREEPORT EXPRESS.

FREEPORT EXPRESS also constitutes or incorporates proprietary information and trade secrets of Digital. Therefore, you agree to take reasonable steps to prevent the disclosure, unauthorized use or unauthorized distribution of FREEPORT EXPRESS. No rights in and to FREEPORT EXPRESS, including (without limitation) intellectual property rights, are granted and/or transferred to you except as explicitly provided for in this Agreement.

In addition to the foregoing, you hereby acknowledge that Digital shall retain all right, title and interest in and EXPRESS that become part of software that is translated by FREEPORT EXPRESS including, without limitation, all rights under applicable patents, copyrights, trademarks, and tradesecrets. Digital grants to you the right to use such run-time modules as set forth in Section 1 hereof, but only in connection with your authorized use of FREEPORT EXPRESS and any software that you translate with FREEPORT EXPRESS.

3. SPECIAL PROVISIONS RELATING TO LIBRARY ROUTINES

This version of FREEPORT EXPRESS may include routines of two cooperating libraries hereinafter referred to as the UNIX Component and the GNU Component. Any downloading or use of such libraries is subject to the conditions set forth herein. If you are an authorized and existing licensee of DIGITAL UNIX who is not in violation of the terms of your licenses with DIGITAL, you may download and/or install the UNIX Component called libfpxc.so.1.0.fpx.so, but only as an upgrade to DIGITAL UNIX. If you download and/or install the UNIX Component, you represent to Digital that you (or the organization on behalf of which you are downloading and/or installing such UNIX Component) are such an authorized licensee and you agree that you will use such UNIX Component only in combination with and as an upgrade to DIGITAL UNIX, and only in connection with your use of FREEPORT EXPRESS as a whole and applications translated thereby. With respect to the UNIX Component, this Agreement is supplemental to and subject to the licenses covering DIGITAL UNIX. In the event of any express inconsistency between this Agreement and any license covering DIGITAL UNIX, the latter shall govern. IF YOU ARE NOT AN AUTHORIZED AND EXISTING LICENSEE OF DIGITAL UNIX OR ARE AN EXISTING LICENSEE IN VIOLATION OF YOUR DIGITAL UNIX LICENSES, YOU AGREE THAT YOU WILL NOT DOWNLOAD AND/OR INSTALL THE UNIX COMPONENT.

In addition to the foregoing, you may also install the GNU Component called libc.so.1.109.fpx.so, but only as authorized by this Agreement and the GNU Library General Public License (the GNU License) included as a text file with FREEPORT EXPRESS. In the event of any express inconsistency between this Agreement and the GNU License, the GNU License shall govern with respect to the GNU Component. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THE GNU LICENSE, YOU AGREE THAT YOU WILL NOT INSTALL THE GNU COMPONENT.

4. EXPORT REGULATIONS

FREEPORT EXPRESS, 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 FREEPORT EXPRESS, you agree that you are responsible for complying with all such export or import requirements and obtaining licenses where necessary.

5. U.S. GOVERNMENT RESTRICTED RIGHTS

FREEPORT EXPRESS and the accompanied documentation are 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 DFAR 252.227- 7013, or FAR 52.227-19, or in FAR 52.227-14 Alt. III, as applicable. All other technical data, including manuals or instructional materials, are provided with Limited Rights as defined in DFAR 252.227-7013 (a) (15), or FAR 52.227-14(a) and in Alternative II (JUN 1987) of that clause, as applicable. Contractor/manufacturer is Digital Equipment Corporation.

6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

FREEPORT EXPRESS AND THE ACCOMPANYING DOCUMENTATION ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY EXCLUDED, TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, DIGITAL MAKES NO WARRANTY WHATSOEVER THAT FREEPORT EXPRESS WILL SUCCESSFULLY TRANSLATE ANY SOFTWARE.

IN NO EVENT WILL DIGITAL BE LIABLE FOR ANY LOST REVENUE OR PROFIT, OR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WITH RESPECT TO FREEPORT EXPRESS, ANY USE THEREOF, OR WITH RESPECT TO ANY TRANSLATED SOFTWARE, EVEN IF DIGITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. INDEMNIFICATION

You agree, at your expense, to indemnify, defend, and hold harmless Digital from any suit, demand, cause of action or other claim of whatever nature arising out of the breach of any term of this Agreement by you, your agents or your employees.

8. TERM/TERMINATION

This Agreement is automatically terminated upon any breach by you of this Agreement. In addition, Digital may terminate this Agreement pursuant to Section 9 hereof. Immediately upon termination of this Agreement, you shall erase or destroy all copies (i) of FREEPORT EXPRESS, including (without limitation) any archival, back-up or other copies stored on any media, or stored within your computer system, and (ii) of the accompanying documentation, and (iii) of translated software. Notwithstanding anything contained herein to the contrary, your obligations under Sections 3 through 10 hereof shall survive any termination of this Agreement.

9. SEVERABILITY

If any provision of this Agreement is held to be in violation of applicable law, void, or unenforceable in any jurisdiction, the validity of any other provision of this Agreement shall not be affected thereby, provided, however, that if in Digitals sole opinion, the unenforceability of any provision herein otherwise compromises the rights or obligations of Digital or its licensers, Digital may terminate this Agreement.

10. GENERAL

This Agreement shall be construed, interpreted and applied in accordance with the laws of the Commonwealth of Massachusetts, United States of America. This Agreement (together with your DIGITAL UNIX license or the GNU License, to the extent such licenses are applicable) constitutes the entire agreement between the parties concerning FREEPORT EXPRESS and supersedes any prior understandings, agreements or commitments, oral or written, concerning them.

If you have questions about FreePort Express, send email to fpx-info@scrugs.lkg.dec.com.

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