COMPAQ
COMPUTER CORPORATION
FIELD TEST LICENSE TERMS
1. PRELIMINARY CODE:
The Software
Program (the "Software") provided under these license terms may
include beta code not at the level of functionality, performance or
capability of any final, generally available product offering. The
Software may be substantially modified prior to first commercial
shipment.
2.
GRANT:
Compaq
Computer Corporation ("COMPAQ") grants you the right to use the
Software solely for testing and evaluation. The Software shall not
be used for any other purpose and you agree to destroy or erase all
copies of the Software upon COMPAQ's release of the code in final
form.
You may copy
the Software into the local memory or storage device of a single
computer. You may make archival or back-up copies of the
Software.
3. COPYRIGHT
The Software
is protected by copyright laws and international treaties. Your use
of the Software and associated documentation is subject to the
applicable copyright laws and the express rights and restrictions of
this License Agreement.
4. RESTRICTIONS
You may not disclose any information regarding the Software, including
benchmark or performance testing results, to any third party without the
specific permission of COMPAQ.
You may not rent, lease, or otherwise transfer the Software. You may not
make the Software available over the internet or similar networking technology.
You may not remove any copyright, trademark, or other proprietary notices from
the Software or the media. You may not reverse engineer, decompile, or
disassemble the Software, except to the extent COMPAQ cannot prohibit
such acts by law.
5. DISCLAIMER OF WARRANTY AND LIABILITY
COMPAQ DOES NOT REPRESENT OR WARRANT IN ANY WAY THAT IT WILL ANNOUNCE THE
SOFTWARE OR DOCUMENTATION AS A PRODUCT(S) OR THAT THE SOFTWARE OR DOCUMENTATION
WILL OTHERWISE BE MADE COMMERCIALLY AVAILABLE.
THE SOFTWARE AND ANY DOCUMENTATION PROVIDED HERE IS PRELIMINARY AND NOT
THOROUGHLY TESTED CODE AND IS PROVIDED "AS IS," WITHOUT EXPRESS OR IMPLIED
WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE OR AGAINST
INFRINGEMENT. IN NO EVENT WILL COMPAQ BE LIABLE FOR ANY LOST REVENUE OR PROFIT,
OR FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY, WITH RESPECT TO ANY SOFTWARE OR
DOCUMENTATION MADE AVAILABLE HERE OR THE USE OF SUCH SOFTWARE.
6.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 these License Terms by you, your
agents or your employees that arise or result from the use of the Software.
U.S. GOVERNMENT RESTRICTED RIGHTS
Consistent with FAR 12.211 and 12.212, Commercial Computer Software,
Computer Software Documentation, and Technical Data for Commercial Items are
licensed to the U.S. Government under vendor's standard commercial license.
GENERAL
You are responsible for compliance with all applicable export or re-export
control laws and regulations if you export the Software. These License Terms
are governed by and are to be construed under the laws of the State of
Texas.
If you have any questions concerning this Agreement, please contact your
local COMPAQ sales office or write to:
Compaq Computer Corporation, Software Business Practices, ZKO1-2/D22, 110 Spit
Brook Road, Nashua, NH. 03062-2698.
All trademarks are the sole property of their owners.
Copyright 2001 Compaq Computer Corporation
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